Vol. 137, No. 1 — January 1, 2003

Registration
SOR/2003-11 12 December, 2002

FOOD AND DRUGS ACT

Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Nutrient Content Claims and Health Claims)

P.C. 2002-2200 12 December, 2002

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 30(1) (see footnote a) of the Food and Drugs Act, hereby makes the annexed Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Nutrient Content Claims and Health Claims).

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (NUTRITION LABELLING, NUTRIENT CONTENT CLAIMS AND HEALTH CLAIMS)

AMENDMENTS

1. Section B.01.001 of the Food and Drug Regulations (see footnote 1) is amended by adding the following in alphabetical order:

"available display surface", in respect of a prepackaged product, means

• (a) the bottom of an ornamental container or the total surface area of both sides of a tag attached to the ornamental container, whichever is greater,
  (b) the total surface area of both sides of a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, and
  (c) the total surface area of any other package, excluding the bottom if the contents of the package leak out or are damaged when the package is turned over,

but does not include

• (d) any area of a package on which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase,
  (e) any part of a package that is intended to be destroyed when it is opened, other than a package of a food that is intended to be consumed by one person at a single eating occasion, or
  (f) the area occupied by the universal product code; (surface exposée disponible)

"daily value" means

• (a) in respect of a vitamin or mineral nutrient referred to in the definition "recommended daily intake", the recommended daily intake for that vitamin or mineral nutrient, and
  (b) in respect of a nutrient referred to in the definition "reference standard", the reference standard for that nutrient; (valeur quotidienne)

"monounsaturated fatty acids", "monounsaturated fat", "monounsaturates" or "monounsaturated" means cis-monounsaturated fatty acids; (acides gras monoinsaturés, graisses monoinsaturées, gras monoinsaturés, lipides monoinsaturés ou monoinsaturés)

"nutrition facts table" means the nutrition facts table that is required by subsection B.01.401(1) to be carried on the label of a prepackaged product; (tableau de la valeur nutritive)

"omega-3 polyunsaturated fatty acids", "omega-3 polyunsaturated fat", "omega-3 polyunsaturates", "omega-3 polyunsaturated" or "omega-3" means

• (a) 9-cis, 12-cis, 15-cis octadecatrienoic acid or a-linoleic acid,
  (b) 8-cis, 11-cis, 14-cis, 17-cis eicosatetraenoic acid,
  (c) 5-cis, 8-cis, 11-cis, 14-cis, 17-cis eicosapentaenoic acid or EPA,
  (d) 7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosapentaenoic acid, or
  (e) 4-cis, 7-cis, 10-cis, 13-cis, 16-cis, 19-cis docosahexaenoic acid or DHA; (acides gras polyinsaturés oméga-3, graisses polyinsaturées oméga-3, gras polyinsaturés oméga-3, lipides polyinsaturés oméga-3, polyinsaturés oméga-3 ou oméga-3)

"omega-6 polyunsaturated fatty acids", "omega-6 polyunsaturated fat", "omega-6 polyunsaturates", "omega-6 polyunsaturated" or "omega-6" means

• (a) 9-cis, 12-cis octadecatrienoic acid or a-linoleic acid,
  (b) 6-cis, 9-cis, 12-cis octadecatrienoic acid,
  (c) 8-cis, 11-cis, 14-cis eicosatrienoic acid or di-homo-?-linolenic acid,
  (d) 5-cis, 8-cis, 11-cis, 14-cis eicosatetraenoic acid or arachidonic acid,
  (e) 7-cis, 10-cis, 13-cis, 16-cis docosatetraenoic acid, or
  (f) 4-cis, 7-cis, 10-cis, 13-cis, 16-cis docosapentaenoic acid; (acides gras polyinsaturés oméga-6, graisses polyinsaturées oméga-6, gras polyinsaturés oméga-6, lipides polyinsaturés oméga-6, polyinsaturés oméga-6 ou oméga-6)

"polyunsaturated fatty acids", "polyunsaturated fat", "polyunsaturates" or "polyunsaturated" means cis-methylene interrupted polyunsaturated fatty acids; (acides gras polyinsaturés, graisses polyinsaturées, gras polyinsaturés, lipides polyinsaturés ou polyinsaturés)

"recommended daily intake", in respect of a vitamin or mineral nutrient set out in column I of Table I to Division 1 of Part D or in column I of Table I to Division 2 of Part D, means

• (a) in the case of a prepackaged product intended solely for children under two years of age, the quantity set out in column III, and
  (b) in any other case, the quantity set out in column II; (apport quotidien recommandé)

"reference amount", in respect of a food set out in column 1 of Schedule M, means the amount of that food set out in column 2; (quantité de référence)

"reference standard", in respect of a nutrient set out in column 1 of the table to section B.01.001.1, means the amount set out in column 2; (norme de référence)

"saturated fatty acids", "saturated fat", "saturates" or "saturated" means all fatty acids that contain no double bonds; (acides gras saturés, graisses saturées, gras saturés, lipides saturés ou saturés)

"trans fatty acids", "trans fat" or "trans" means unsaturated fatty acids that contain one or more isolated or non-conjugated double bonds in a trans-configuration; (acides gras trans, graisses trans, gras trans, lipides trans ou trans)

"weighted recommended nutrient intake", in respect of a vitamin or mineral nutrient set out in column I of Table II to Division 1 of Part D or in column I of Table II to Division 2 of Part D, means the amount set out in column III; (apport nutritionnel recommandé pondéré)

2. The Regulations are amended by adding the following after section B.01.001:

B.01.001.1 (1) In this section, "fat" means all fatty acids expressed as triglycerides.

(2) The reference standard for a nutrient set out in column 1 of the table to this section is the amount set out in column 2.

TABLE

REFERENCE STANDARDS

Item	Column 1 Nutrient	Column 2 Amount
1.	Fat	65 g
2.	The sum of saturated fatty acids and trans fatty acids	20 g
3.	Cholesterol	300 mg
4.	Carbohydrate	300 g
5.	Fibre	25 g
6.	Sodium	2400 mg
7.	Potassium	3500 mg

3. Section B.01.002A of the Regulations is replaced by the following:

B.01.002A. (1) For the purposes of this Part, a serving of stated size of a food shall be

• (a) based on the food as offered for sale; and
  (b) expressed
  • (i) in grams, if
    • (A) the net quantity of the food is declared on the label by weight or by count, or
      (B) the food is set out in column 1 of item 78, 149 or 150 of Schedule M, and
    (ii) in millilitres, if the net quantity of the food is declared on the label by volume, except in the case of a food referred to in clause (i)(B).

(2) A serving of stated size shall be the net quantity of the food in the package if

• (a) the quantity of food can reasonably be consumed by one person at a single eating occasion;
  (b) the reference amount of the food is less than 100 g or 100 mL and the package contains less than 200% of that reference amount; or
  (c) the reference amount of the food is 100 g or 100 mL or more and the package contains 150% or less of that reference amount.

4. (1) Subsection B.01.005(1) of the Regulations is replaced by the following:

B.01.005. (1) Subject to subsections (2) to (5), the information required to be shown on a label shall not be shown on that part of the label, if any, that is applied to the bottom of a food or container.

(2) Section B.01.005 of the Regulations is amended by adding the following after subsection (4):

(5) Notwithstanding subsection (2), the nutrition facts table may be shown on that part of the label that is applied to the bottom of the food or container if the available display surface includes the bottom.

5. Paragraph B.01.008(1)(a) of the Regulations is replaced by the following:

• (a) any information required by these Regulations, other than the information required to appear on the principal display panel or the nutrition facts table and the information required by sections B.01.007, B.01.301, B.01.305, B.01.311, B.01.503, B.01.513 and B.01.601; and

6. Paragraph B.01.014(d) of the Regulations is replaced by the following:

• (d) a statement setting out the aspartame content expressed in milligrams per serving of stated size.

7. Paragraph B.01.015(1)(d) of the Regulations is replaced by the following:

• (d) a statement setting out the aspartame content expressed in milligrams per serving of stated size.

8. Paragraph B.01.016(c) of the Regulations is replaced by the following:

• (c) a statement setting out the sucralose content expressed in milligrams per serving of stated size.

9. Paragraph B.01.017(1)(c) of the Regulations is replaced by the following:

• (c) a statement setting out the sucralose content expressed in milligrams per serving of stated size.

10. Section B.01.018 of the Regulations is replaced by the following:

B.01.018. The label of a food that contains polydextrose shall indicate the amount of polydextrose expressed in grams per serving of stated size.

11. Paragraph B.01.019(c) of the Regulations is replaced by the following:

• (c) a statement setting out the acesulfame-potassium content expressed in milligrams per serving of stated size.

12. Paragraph B.01.020(1)(c) of the Regulations is replaced by the following:

• (c) a statement setting out the acesulfame-potassium content expressed in milligrams per serving of stated size.

13. The portion of section B.01.053 of the Regulations before paragraph (a) is replaced by the following:

B.01.053. No person shall sell a product represented as a ready breakfast or instant breakfast or by any similar designation unless each serving of stated size of the product contains

14. Section B.01.091 of the Regulations is replaced by the following:

B.01.091. The label of any solid cut meat or solid cut poultry meat that has had phosphate salts or water added to it, that is not cured and that is prepackaged at retail shall contain a statement of the ingredients contained in the food in accordance with subsections B.01.008(3) to (5).

15. Section B.01.300 of the Regulations is repealed.

16. Section B.01.301 of the Regulations is replaced by the following:

B.01.301. (1) No person shall, on the label of or in any advertisement for a food, other than in the nutrition facts table, if any, include a declaration of the food's energy value or the amount of a nutrient contained in the food unless it is declared in the following manner, per serving of stated size:

• (a) in the case of the energy value, in Calories;
  (b) in the case of a vitamin set out in column I of Table I to Division 1 of Part D or a mineral nutrient set out in column I of Table I to Division 2 of Part D, in the units specified in that column;
  (c) in the case of sodium, potassium or cholesterol, in milligrams;
  (d) in the case of the mineral ion content of prepackaged water or ice, in parts per million; and
  (e) in any other case, in grams.

(2) Despite subsection (1), a person may, on the label of a food or in any advertisement for a food, other than in the nutrition facts table, if any, include a declaration of the percentage of the daily value of a nutrient contained in the food if

• (a) the nutrient is listed in column 1 of the table to section B.01.401 or the table to section B.01.402;
  (b) the percentage of the daily value of the nutrient is required or permitted to be declared in the nutrition facts table; and
  (c) the percentage of the daily value of the nutrient is declared per serving of stated size.

(3) A declaration referred to in subsection (1) or (2) that appears on the label of a food shall be

• (a) in English and French; or
  (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

17. Sections B.01.302 to B.01.304 of the Regulations are repealed.

18. Section B.01.305 of the Regulations is replaced by the following:

B.01.305. (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, respecting a protein unless the food meets the conditions set out in column 2 of item 8 of the table following section B.01.513 for the subject "source of protein" set out in column 1.

(2) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, respecting an amino acid unless

• (a) the food meets the conditions set out in column 2 of item 8 of the table following section B.01.513 for the subject "source of protein" set out in column 1; and
  (b) the label or advertisement includes a declaration of the amount of histidine, isoleucine, leucine, lysine, methionine, phenylalanine, threonine, tryptophan and valine contained in the food, expressed in grams per serving of stated size.

(3) Subsections (1) and (2) do not apply in respect of

• (a) a formulated liquid diet, a human milk substitute or a food represented as containing a human milk substitute;
  (b) foods represented for use in gluten-free diets, protein restricted diets, low (naming the amino acid) diets and (naming the amino acid) free diets;
  (c) the word "protein" when used as part of the common name of an ingredient in the list of ingredients;
  (d) the declaration of amino acids in the list of ingredients;
  (e) the common names set out in column II of items 7 to 9 of the table to paragraph B.01.010(3)(a), when shown in the list of ingredients in accordance with that paragraph;
  (f) the common name of a single amino acid preparation that may be sold as a food;
  (g) the statements required by paragraphs B.01.014(c) and B.01.015(1)(b);
  (h) a statement or claim set out in column 4 of item 7 of the table following section B.01.513 respecting the subject "low in protein" set out in column 1;
  (i) a declaration of the amount of protein in the nutrition facts table;
  (j) a statement of the protein content of a food as required by paragraph B.24.103(c), subparagraph B.24.202(a)(ii), paragraph B.24.304(b) or B.25.057(1)(a) or subparagraph B.25.057(2)(c)(i) or (d)(i); or
  (k) a statement that a food is not a source of protein.

(4) A representation referred to in subsection (1) or (2) that appears on the label of a food shall be

• (a) in English and French; or
  (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

19. Sections B.01.306 to B.01.310 of the Regulations are repealed.

20. Section B.01.311 of the Regulations is replaced by the following:

B.01.311. (1) Subject to subsections (2) and (3), no person shall, on the label of or in any advertisement for a food, make a representation, express or implied, concerning the action or effect of the food's energy value or of a nutrient contained in the food.

(2) The label of or advertisement for a food may carry a statement or claim set out in column 1 of the table following section B.01.603.

(3) Subject to section B.01.312, the label of or advertisement for a food may carry a statement or claim to the effect that the food's energy value or a nutrient contained in the food is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

(4) If a statement or claim described in subsection (3) concerns a nutrient not listed in column 1 of the tables to sections B.01.401 and B.01.402, the amount of the nutrient contained in the food must be expressed on any part of the label in grams per serving of stated size.

(5) A statement or claim referred to in subsection (2) or (3) that appears on the label of a food shall be

• (a) in English and French; or
  (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

B.01.312. (1) If a statement or claim described in subsection B.01.311(3) is made on the label of or in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include a declaration, per serving of stated size, of

• (a) the energy value, if the energy value is the subject of the statement or claim; or
  (b) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

(2) If the statement or claim is made in an advertisement other than a radio or television advertisement, the declaration referred to in subsection (1) shall be

• (a) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and
  (b) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(3) If the statement or claim is made in a radio advertisement or in the audio portion of a television advertisement, the declaration referred to in subsection (1) shall immediately precede or follow the statement or claim.

(4) If the statement or claim is made in a television advertisement, the declaration referred to in subsection (1) shall be communicated

• (a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or
  (b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(5) If the declaration referred to in subsection (1) is communicated in the visual mode of a television advertisement, it shall

• (a) appear concurrently with and for at least the same amount of time as the statement or claim;
  (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and
  (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

Interpretation

B.01.400. The following definitions apply in sections B.01.401 to B.01.603.

"fat" means all fatty acids expressed as triglycerides. (lipides)

"point" means a unit of measurement for type size that is known as an Anglo-American point and is equal to 0.3514598 mm. (point)

Nutrition Labelling

Core Information

B.01.401. (1) Except as otherwise provided in this section and sections B.01.402 to B.01.406 and B.01.467, the label of a prepackaged product shall carry a nutrition facts table that contains only the information set out in column 1 of the table to this section expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4.

(2) Subsection (1) does not apply to a prepackaged product if

• (a) all the information set out in column 1 of the table to this section, other than in respect of item 1 ("Serving of stated size"), may be expressed as "0" in the nutrition facts table in accordance with this section;
  (b) the product is
  • (i) a beverage with an alcohol content of more than 0.5%,
    (ii) a fresh vegetable or fruit or any combination of fresh vegetables or fruits without any added ingredients, an orange with added food colour or a fresh vegetable or fruit coated with paraffin wax or petrolatum,
    (iii) a raw single ingredient meat, meat by-product, poultry meat or poultry meat by-product,
    (iv) a raw single ingredient marine or fresh water animal product,
    (v) sold only in the retail establishment where the product is prepared and processed from its ingredients, including from a pre-mix if an ingredient other than water is added to the pre-mix during the preparation and processing of the product,
    (vi) sold only at a road-side stand, craft show, flea market, fair, farmers' market or sugar bush by the individual who prepared and processed the product,
    (vii) an individual serving that is sold for immediate consumption and that has not been subjected to a process to extend its durable life, including special packaging, or
    (viii) sold only in the retail establishment where the product is packaged, if the product is labelled by means of a sticker and has an available display surface of less than 200 cm²; or
  (c) the product is
  • (i) a prepackaged confection, commonly known as a one bite confection, that is sold individually,
    (ii) a prepackaged individual portion of food that is solely intended to be served by a restaurant or other commercial enterprise with meals or snacks, or
    (iii) milk, partly skimmed milk, skim milk, goat's milk, partly skimmed goat's milk, skimmed goat's milk, (naming the flavour) milk, (naming the flavour) partly skimmed milk, (naming the flavour) skim milk or cream sold in a refillable glass container.

(3) Despite paragraphs (2)(a) and (b), subsection (1) applies to a prepackaged product if

• (a) the product contains an added vitamin or mineral nutrient;
  (b) a vitamin or mineral nutrient is declared as a component of one of the product's ingredients other than flour;
  (c) the product contains added aspartame, sucralose or acesulfame-potassium;
  (d) the product is a meat, meat by-product, poultry meat or poultry meat by-product that is ground; or
  (e) the label of the product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains
  • (i) a reference to the energy value, a nutrient set out in column 1 of the table to this section or in column 1 of the table to section B.01.402 or a constituent of such a nutrient, other than information required by Division 12 or a reference to the common name of an ingredient in the list of ingredients for the product,
    (ii) a representation that expressly or implicitly indicates that the product has particular nutritional or health-related properties, including any statement or claim set out in column 4 of the table following section B.01.513 or column 1 of the table following section B.01.603 or referred to in section B.01.311, D.01.006 or D.02.004,
    (iii) a health-related name, statement, logo, symbol, seal of approval or mark, or
    (iv) the phrase "nutrition facts", "valeur nutritive" or "valeurs nutritives".

(4) Subsection (1) does not apply to a formulated liquid diet, a human milk substitute, a food represented as containing a human milk substitute, a meal replacement, a nutritional supplement or a food represented for use in a very low energy diet.

(5) The label of or advertisement for a formulated liquid diet, a human milk substitute, a food represented as containing a human milk substitute, a meal replacement, a nutritional supplement or a food represented for use in a very low energy diet shall not contain a nutrition facts table or the phrase "nutrition facts", "valeur nutritive" or "valeurs nutritives".

(6) If, for a prepackaged product other than one intended solely for children under two years of age, the information in respect of seven or more of the energy value and nutrients referred to in column 1 of items 2 to 5 and 7 to 13 of the table to this section may be expressed as "0" in the nutrition facts table in accordance with this section, the nutrition facts table need only include the following information:

• (a) the serving of stated size;
  (b) the energy value;
  (c) the amount of fat;
  (d) the amount of carbohydrate;
  (e) the amount of protein;
  (f) the amount of any nutrient that is the subject of a representation referred to in subparagraph (3)(e)(ii);
  (g) the amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product, other than iodide added to salt for table or general household use or fluoride added to prepackaged water or ice;
  (h) the amount of any vitamin or mineral nutrient that is declared as a component of one of the prepackaged product's ingredients other than flour;
  (i) the amount of any nutrient referred to in column 1 of item 4, 5, 7, 8, 10, 11 or 13 of the table to this section that may not be expressed as "0" in the nutrition facts table; and
  (j) the statement "Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)" or, if the prepackaged product meets the condition specified in subsection B.01.455(3), the statement "Not a significant source of other nutrients".

(7) Subsection (1) does not apply to a prepackaged product

• (a) that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or institution; or
  (b) that is a multiple-serving ready-to-serve prepackaged product intended solely to be served in a commercial or industrial enterprise or institution.

TABLE

CORE INFORMATION

Item	Column 1 Information	Column 2 Description	Column 3 Unit	Column 4 Manner of expression
1.	Serving of stated size	"Serving Size (naming the serving size)", "Serving (naming the serving size)" or "Per (naming the serving size)"	(1) The size is expressed in one of the following units: (a) in the case of a food that is usually divided into pieces before being consumed (such as cake, pie and pizza), a fraction of the entire food; (b) in the case of a food described in subsection B.01.002A(2), the entire container; and (c) in all other cases, in a commonly used unit in respect of which the quantity is visibly measurable, such as millilitres, cups, tablespoons or "(naming the unit of food)". (2) The size expressed in accordance with subitem (1) is followed by the size expressed in grams or millilitres, as specified by paragraph B.01.002A(1)(b).	(1) The size when expressed in metric units is rounded off (a) if it is less than 10 g or 10 mL, to the nearest multiple of 0.1 g or 0.1 mL; and (b) if it is 10 g or more or 10 mL or more, to the nearest multiple of 1 g or 1 mL. (2) The size when expressed as a fraction is represented by a numerator and a denominator separated by a line. (3) The size shall include the word "assorted" if the information in the nutrition facts table of a prepackaged product that contains an assortment of foods is set out as a composite value.
2.	Energy value	"Calories", "Total Calories" or "Calories, Total"	The value is expressed in Calories per serving of stated size.	The value is rounded off (a) if it is less than 5 Calories (i) if the product meets the conditions set out in column 2 of item 1 of the table following section B.01.513 for the subject "free of energy" set out in column 1, to "0" Calorie, and
				(ii) in all other cases, to the nearest multiple of 1 Calorie;
				(b) if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and
				(c) if it is more than 50 Calories, to the nearest multiple of 10 Calories.
3.	Amount of fat	"Fat", "Total Fat" or "Fat, Total"	The amount is expressed (a) in grams per serving of stated size; and (b) as a percentage of the daily value per serving of stated size.	(1) The amount is rounded off (a) if it is less than 0.5 g (i) if the product meets the conditions set out in column 2 of item 11 of the table following section B.01.513 for the subject "free of fat" set out in column 1 and the amounts of saturated fatty acids and trans fatty acids are declared as "0 g" in the nutrition facts table or are omitted from that table in accordance with subsection B.01.401(6) and no other fatty acids are declared in an amount greater than 0 g, to "0 g", and
				(ii) in all other cases, to the nearest multiple of 0.1 g;
				(b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and
				(c) if it is more than 5 g, to the nearest multiple of 1 g.
				(2) The percentage is rounded off
				(a) if the amount is declared as "0 g", to "0 %"; and
				(b) in all other cases, to the nearest multiple of 1%.
4.	Amount of saturated fatty acids	"Saturated Fat", "Saturated Fatty Acids", "Saturated" or "Saturates"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g
				(i) if the product meets the conditions set out in column 2 of item 18 of the table following section B.01.513 for the subject "free of saturated fatty acids" set out in column 1, to "0 g", and
				(ii) in all other cases, to the nearest multiple of 0.1 g;
				(b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and
				(c) if it is more than 5 g, to the nearest multiple of 1 g.
5.	Amount of trans fatty acids	"Trans Fat", "Trans Fatty Acids" or "Trans"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g
				(i) if the product meets the conditions set out in column 2 of item 22 of the table following section B.01.513 for the subject "free of trans fatty acids" set out in column 1, to "0 g", and
				(ii) in all other cases, to the nearest multiple of 0.1 g;
				(b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and
				(c) if it is more than 5 g, to the nearest multiple of 1 g.
6.	The sum of saturated fatty acids and trans fatty acids	"Saturated Fat + Trans Fat", "Saturated Fatty Acids + Trans Fatty Acids", "Saturated + Trans" or "Saturates + Trans"	The sum is expressed as a percentage of the daily value per serving of stated size.	The percentage is rounded off (a) if the amounts of saturated fatty acids and trans fatty acids are declared as "0 g", to "0 %"; and (b) in all other cases, to the nearest multiple of 1%.
7.	Amount of cholesterol	"Cholesterol"	The amount is expressed in milligrams per serving of stated size and may also be expressed as a percentage of the daily value per serving of stated size.	(1) The amount is rounded off (a) if the product meets the conditions set out in column 2 of item 27 of the table following section B.01.513 for the subject "free of cholesterol" set out in column 1, to "0 mg"; and
				(b) in all other cases, to the nearest multiple of 5 mg.
				(2) The percentage is rounded off (a) if the amount is declared as "0 mg" to "0 %"; and
				(b) in all other cases, to the nearest multiple of 1%.
8.	Amount of sodium	"Sodium"	The amount is expressed (a) in milligrams per serving of stated size; and	(1) The amount is rounded off (a) if it is less than 5 mg
			(b) as a percentage of the daily value per serving of stated size.	(i) if the product meets the conditions set out in column 2 of item 31 of the table following section B.01.513 for the subject "free of sodium or salt" set out in column 1, to "0 mg", and
				(ii) in all other cases, to the nearest multiple of 1 mg;
				(b) if it is 5 mg or more but not more than 140 mg, to the nearest multiple of 5 mg; and
				(c) if it is more than 140 mg, to the nearest multiple of 10 mg.
				(2) The percentage is rounded off
				(a) if the amount is declared as "0 mg", to "0 %"; and
				(b) in all other cases, to the nearest multiple of 1%.
9.	Amount of carbohydrate	"Carbohydrate", "Total Carbohydrate" or "Carbohydrate, Total"	The amount is expressed (a) in grams per serving of stated size; and	(1) The amount is rounded off (a) if it is less than 0.5 g, to "0 g"; and
			(b) as a percentage of the daily value per serving of stated size.	(b) if it is 0.5 g or more, to the nearest multiple of 1 g.
				(2) The percentage is rounded off (a) if the amount is declared as "0 g", to "0 %"; and
				(b) in all other cases, to the nearest multiple of 1%.
10.	Amount of fibre	"Fibre", "Fiber", "Dietary Fibre" or "Dietary Fiber"	The amount is expressed (a) in grams per serving of stated size; and (b) as a percentage of the daily value per serving of stated size.	(1) The amount is rounded off (a) if it is less than 0.5 g, to "0 g"; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g.
				(2) The percentage is rounded off
				(a) if the amount is declared as "0 g", to "0 %"; and
				(b) in all other cases, to the nearest multiple of 1%.
11.	Amount of sugars	"Sugars"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g, to "0 g"; and
				(b) if it is 0.5 g or more, to the nearest multiple of 1 g.
12.	Amount of protein	"Protein"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g, to the nearest multiple of 0.1 g; and
				(b) if it is 0.5 g or more, to the nearest multiple of 1 g.
13.	Amount of (a) vitamin A (b) vitamin C (c) calcium (d) iron	(a) "Vitamin A" or "Vit A" (b) "Vitamin C" or "Vit C" (c) "Calcium" (d) "Iron"	The amount is expressed as a percentage of the daily value per serving of stated size.	The percentage is rounded off (a) if it is less than 2% (i) if the product contains less than 1% of the daily value per reference amount and per serving of stated size, to "0 %", and
				(ii) in all other cases, to "2 %";
				(b) if it is 2% or more but not more than 10%, to the nearest multiple of 2%;
				(c) if it is more than 10% but not more than 50%, to the nearest multiple of 5%; and
				(d) if it is more than 50%, to the nearest multiple of 10%.

Additional Information

B.01.402. (1) The nutrition facts table may also contain information set out in column 1 of the table to this section.

(2) If information set out in column 1 of the table to this section is included in the nutrition facts table, it shall be expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4.

(3) The amount of omega-6 polyunsaturated fatty acids, omega-3 polyunsaturated fatty acids and monounsaturated fatty acids shall be in the nutrition facts table if

• (a) the amount of any of those groups of fatty acids or the amount of polyunsaturated fatty acids is in the nutrition facts table or is shown on the label of the prepackaged product or in any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product; or
  (b) the amount of any specific fatty acid is shown on the label of the prepackaged product or in any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product.

(4) If the label of a prepackaged product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains a representation, express or implied, that includes information that is set out in column 1 of the table to this section, that information shall also be in the nutrition facts table.

(5) The amount of potassium shall be in the nutrition facts table if the prepackaged product contains added potassium salts and the label of the product or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product contains a statement or claim referred to in column 4 of any of items 31 to 36 of the table following section B.01.513 for the subject "free of sodium or salt", "low in sodium or salt", "reduced in sodium or salt", "lower in sodium or salt", "no added sodium or salt" or "lightly salted" set out in column 1.

(6) The nutrition facts table shall show the amount of any sugar alcohol, vitamin or mineral nutrient added to the prepackaged product, except in the case of iodide added to salt for table or general household use or fluoride added to prepackaged water or ice.

(7) The nutrition facts table shall show the amount of any vitamin or mineral nutrient that is declared as a component of one of the prepackaged product's ingredients other than flour.

(8) Despite subsection (1) and item 1 of the table to this section, the nutrition facts table shall not include information on servings per container if the serving of stated size is expressed in cups or tablespoons.

(9) If information set out in column 1 of the table to this section is included in the nutrition facts table, it shall be shown

• (a) in English and French; or
  (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the product may be shown in that language only and is shown on the label in that language.

TABLE

ADDITIONAL INFORMATION

Item	Column 1 Information	Column 2 Description	Column 3 Unit	Column 4 Manner of expression
1.	Servings per container	"Servings Per Container" or "(number of units) Per Container"	The quantity is expressed in number of servings.	(1) The quantity is rounded off (a) if it is less than 2, to the nearest multiple of 1; (b) if it is between 2 and 5, to the nearest multiple of 0.5; and (c) if it is more than 5, to the nearest multiple of 1. (2) If a quantity is rounded off, it shall be preceded by the word "about". (3) If the product is of a random weight, the quantity may be declared as "varied".
2.	Energy value	"kilojoules" or "kJ"	The value is expressed in kilojoules per serving of stated size.	The value is rounded off to the nearest multiple of 10 kilojoules.
3.	Energy value from fat	"Calories from Fat" or "Calories from Total Fat"	The value is expressed in Calories per serving of stated size.	The value is rounded off (a) if it is less than 5 Calories
				(i) if the amount of fat is declared as "0 g" in the nutrition facts table, to "0" Calorie, and
				(ii) in all other cases, to the nearest multiple of 1 Calorie;
				(b) if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and
				(c) if it is more than 50 Calories, to the nearest multiple of 10 Calories.
4.	Energy value from the sum of saturated and trans fatty acids	"Calories from Saturated + Trans Fat", "Calories from Saturated + Trans Fatty Acids", "Calories from Saturated + Trans" or "Calories from Saturates + Trans"	The value is expressed in Calories per serving of stated size.	The value is rounded off (a) if it is less than 5 Calories (i) if the amounts of saturated fatty acids and trans fatty acids are declared as "0 g" in the nutrition facts table, to "0" Calorie, and
				(ii) in all other cases, to the nearest multiple of 1 Calorie;
				(b) if it is 5 Calories or more but not more than 50 Calories, to the nearest multiple of 5 Calories; and
				(c) if it is more than 50 Calories, to the nearest multiple of 10 Calories.
5.	Amount of polyunsaturated fatty acids	"Polyunsaturated Fat", "Polyunsaturated Fatty Acids", "Polyunsaturated" or "Polyunsaturates"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g; (b) if it is 1 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g.
6.	Amount of omega-6 polyunsaturated fatty acids	(1) If the nutrition facts table includes the amount of polyunsaturated fatty acids: "Omega-6", "Omega-6 Polyunsaturated Fat", "Omega-6 Polyunsaturated Fatty Acids", "Omega-6 Polyunsaturates" or "Omega-6 Polyunsaturated" (2) In all other cases: "Omega-6 Polyunsaturated Fat", "Omega-6 Polyunsaturated Fatty Acids", "Omega-6 Polyunsaturates" or "Omega-6 Polyunsaturated"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g; (b) if it is 1 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g.
7.	Amount of omega-3 polyunsaturated fatty acids	(1) If the nutrition facts table includes the amount of polyunsaturated fatty acids: "Omega-3", "Omega-3 Polyunsaturated Fat", "Omega-3 Polyunsaturated Fatty Acids", "Omega-3 Polyunsaturates" or "Omega-3 Polyunsaturated" (2) In all other cases: "Omega-3 Polyunsaturated Fat", "Omega-3 Polyunsaturated Fatty Acids", "Omega-3 Polyunsaturates" or "Omega-3 Polyunsaturated"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g; (b) if it is 1 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g.
8.	Amount of monounsaturated fatty acids	"Monounsaturated Fat", "Monounsaturated Fatty Acids", "Monounsaturates" or "Monounsaturated"	The amount is expressed in grams per serving of stated size.	The amount is rounded off (a) if it is less than 1 g, to the nearest multiple of 0.1 g; (b) if it is 1 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and (c) if it is more than 5 g, to the nearest multiple of 1 g.
9.	Amount of potassium	"Potassium"	The amount is expressed (a) in milligrams per serving of stated size; and (b) as a percentage of the daily value per serving of stated size.	(1) The amount is rounded off (a) if it is less than 5 mg (i) if the product contains less than 5 mg of potassium per reference amount and per serving of stated size, to "0 mg", and
				(ii) in all other cases, to the nearest multiple of 1 mg;
				(b) if it is 5 mg or more but not more than 140 mg, to the nearest multiple of 5 mg; and
				(c) if it is more than 140 mg, to the nearest multiple of 10 mg. (2) The percentage is rounded off
				(a) if the amount is declared as "0 mg", to "0%"; or (b) in all other cases, to the nearest multiple of 1%.
10.	Amount of soluble fibre	"Soluble Fibre" or "Soluble Fiber"	The amount is expressed as grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g, to "0 g"; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g.
11.	Amount of insoluble fibre	"Insoluble Fibre" or "Insoluble Fiber"	The amount is expressed as grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g, to "0 g"; and
				(b) if it is 0.5 g or more, to the nearest multiple of 1 g.
12.	Amount of sugar alcohol	(1) If the food contains only one type of sugar alcohol: "Sugar Alcohol", "Polyol" or "(naming the sugar alcohol)"	The amount is expressed as grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g, to "0 g"; and (b) if it is 0.5 g or more, to the nearest multiple of 1 g.
		(2) In all other cases: "Sugar Alcohols" or "Polyols"
13.	Amount of starch	"Starch"	The amount is expressed as grams per serving of stated size.	The amount is rounded off (a) if it is less than 0.5 g, to "0 g"; and
				(b) if it is 0.5 g or more, to the nearest multiple of 1 g.
14.	Amount of (a) vitamin D (b) vitamin E (c) vitamin K (d) thiamine (e) riboflavin (f) niacin (g) vitamin B6 (h) folate (i) vitamin B12 (j) biotin (k) pantothenic acid (l) phosphorus (m) iodide (n) magnesium (o) zinc (p) selenium (q) copper (r) manganese (s) chromium (t) molybdenum (u) chloride	(a) "Vitamin D" or "Vit D" (b) "Vitamin E" or "Vit E" (c) "Vitamin K" or "Vit K" (d) "Thiamine", "Thiamin", "Thiamine (Vitamin B1)", "Thiamine (Vit B1)", "Thiamin (Vitamin B1)" or "Thiamin (Vit B1)" (e) "Riboflavin", "Riboflavin (Vitamin B2)" or "Riboflavin (Vit B2)" (f) "Niacin" (g) "Vitamin B6" or "Vit B6" (h) "Folate" (i) "Vitamin B12" or "Vit B12" (j) "Biotin" (k) "Pantothenic Acid" or "Pantothenate" (l) "Phosphorus" (m) "Iodide" or "Iodine" (n) "Magnesium" (o) "Zinc" (p) "Selenium" (q) "Copper" (r) "Manganese" (s) "Chromium" (t) "Molybdenum" (u) "Chloride"	The amount is expressed as a percentage of the daily value per serving of stated size.	The percentage is rounded off (a) if it is less than 2% (i) if the product contains less than 1% of the daily value per reference amount and per serving of stated size, to "0%", and (ii) in all other cases, to the nearest multiple of 2%; (b) if it is 2% or more but not more than 10%, to the nearest multiple of 2%; (c) if it is more than 10% but not more than 50%, to the nearest multiple of 5%; and (d) if it is more than 50%, to the nearest multiple of 10%.
15.	Basis of the percent daily values	One of the four footnotes to the subheading "% Daily Value" set out in Figures 18.1(E) and (F) of Schedule L		In the version of the footnote that refers to nutrients, (a) the daily value for potassium is included only if the amount of potassium is declared in the nutrition facts table; and (b) the daily value for cholesterol is included only if the amount of cholesterol is declared in the nutrition facts table as a percentage of the daily value per serving of stated size.
16.	Energy conversion factors	"Calories per gram:", "Fat 9", "Carbohydrate 4" and "Protein 4"

Foods for Children under Two Years of Age

B.01.403. (1) This section applies in respect of a prepackaged product intended solely for children under two years of age.

(2) The nutrition facts table of the product shall not contain

• (a) the percentage of the daily value of fat, cholesterol, sodium, potassium, carbohydrate or fibre or of the sum of saturated fatty acids and trans fatty acids;
  (b) the energy value from fat or from the sum of saturated fatty acids and trans fatty acids; or
  (c) any of the footnotes to the subheading "% Daily Value" set out in Figures 18.1(E) and (F) in Schedule L.

(3) The nutrition facts table of the product may omit the amount of saturated fatty acids, trans fatty acids and cholesterol.

(4) Despite subsection (3), if the amount of cholesterol is in the nutrition facts table, the amounts of saturated fatty acids and trans fatty acids shall also be in the nutrition facts table.

(5) If the information in respect of six or more of the energy value and nutrients referred to in column 1 of items 2, 3 and 8 to 13 of the table to section B.01.401 may be expressed as "0" in the nutrition facts table of the product in accordance with that section, the nutrition facts table need only include the following information:

• (a) the serving of stated size;
  (b) the energy value;
  (c) the amount of fat;
  (d) the amount of carbohydrate;
  (e) the amount of protein;
  (f) the amount of any nutrient that is the subject of a representation referred to in subparagraph B.01.401(3)(e)(ii);
  (g) the amount of any sugar alcohol, vitamin or mineral nutrient added to the product, other than fluoride added to prepackaged water or ice;
  (h) the amount of any vitamin or mineral nutrient that is declared as a component of one of the product's ingredients other than flour;
  (i) the amount of any nutrient referred to in column 1 of item 8, 10, 11 or 13 of the table to section B.01.401 that may not be expressed as "0" in the nutrition facts table;
  (j) except in the case described in paragraph (k), the statement "Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)", but such a statement may be omitted in respect of saturated fatty acids, trans fatty acids and cholesterol; and
  (k) if the product meets the condition specified in subsection B.01.462(3), the statement "Not a significant source of other nutrients" or the statement referred to in paragraph (j).

Food for Use in Manufacturing other Foods

B.01.404. (1) This section applies to a prepackaged product that is intended solely for use as an ingredient in the manufacture of other prepackaged products intended for sale to a consumer at the retail level or as an ingredient in the preparation of food by a commercial or industrial enterprise or institution.

(2) No person shall sell the product unless written nutrition information concerning the product accompanies the product when it is delivered to the purchaser.

(3) The nutrition information

• (a) shall include the information that would, but for subsection B.01.401(7), be required by sections B.01.401 and B.01.402 to be included in a nutrition facts table for the product;
  (b) may include other information that is permitted by section B.01.402 to be included in that nutrition facts table; and
  (c) shall be expressed in accordance with sections B.01.401 and B.01.402, subject to the following modifications, namely,
  • (i) information for vitamins set out in column I of Table I to Division 1 of Part D and mineral nutrients set out in column I of Table I to Division 2 of that Part shall be expressed in the applicable units referred to in that column,
    • (A) per gram or 100 grams of the food, if the net quantity of the food is declared on the label by weight or by count, or
      (B) per millilitre or 100 millilitres of the food, if the net quantity of the food is declared on the label by volume,
    (ii) information for other nutrients and the energy value set out in column 1 of the table to section B.01.401 or in column 1 of the table to section B.01.402 shall be expressed in the units referred to in column 3,
    • (A) per gram or 100 grams of the food, if the net quantity of the food is declared on the label by weight or by count, or
      (B) per millilitre or 100 millilitres of the food, if the net quantity of the food is declared on the label by volume,
    (iii) percentages of daily values and information on servings of stated size may be omitted, and
    (iv) the nutrition information shall be stated with a degree of precision that corresponds to the accuracy of the analytical methodology used to produce the information.

Foods for Enterprise or Institution

B.01.405. (1) This section applies to a prepackaged product that is a multiple-serving ready-to-serve prepackaged product intended solely to be served in a commercial or industrial enterprise or institution.

(2) No person shall sell the product unless written nutrition information concerning the product accompanies the product when it is delivered to the purchaser.

(3) The nutrition information

• (a) shall include the information that would, but for subsection B.01.401(7), be required by sections B.01.401 and B.01.402 to be included in a nutrition facts table for the product;
  (b) may include other information that is permitted by section B.01.402 to be included in that nutrition facts table; and
  (c) shall be expressed in accordance with sections B.01.401 and B.01.402.

Basis of Information

B.01.406. (1) Subject to subsections (2) to (8), the information in the nutrition facts table shall be set out only on the basis of the prepackaged product as offered for sale.

(2) If a prepackaged product contains separately packaged ingredients or foods that are intended to be consumed together, the information in the nutrition facts table shall be set out for each ingredient or food or for the entire product.

(3) If a prepackaged product contains an assortment of foods of the same type and the typical serving consists of only one of those foods, the information in the nutrition facts table shall be set out

• (a) on the basis of each of the foods contained in the product, if the nutrition information set out in column 1 of the table to section B.01.401 for each of those foods is different; or
  (b) on the basis of one of the foods contained in the product, if the nutrition information set out in column 1 of the table to section B.01.401 for each of those foods is the same.

(4) If a prepackaged product contains an assortment of foods of the same type and the typical serving consists of more than one of those foods, the information in the nutrition facts table shall be set out for each of the foods contained in the product or as a composite value.

(5) If a prepackaged product contains a food that is to be prepared in accordance with directions provided in or on the package or that is commonly combined with other ingredients or another food or cooked before being consumed, the nutrition facts table may also set out information for the food as prepared, in which case

• (a) the nutrition facts table shall set out the following information for the food as prepared, namely,
  • (i) except in the case described in subparagraph (ii), the amount of the food expressed in a unit specified in column 3 of paragraph 1(1)(a) or (c) of the table to section B.01.401 as "about (naming the serving size)" or "about (naming the serving size) prepared" and, if applicable, in the manner specified in column 4 of subitems 1(1) and (2),
    (ii) if the food is commonly served combined with another food, the amount of the other food expressed in a unit specified in column 3 of paragraph 1(1)(c) of the table to section B.01.401 and, if applicable, in the manner specified in column 4 of subitem 1(1),
    (iii) the energy value, expressed using a description set out in column 2 of item 2 of the table to section B.01.401, in the unit set out in column 3 and in the manner set out in column 4,
    (iv) if it is declared in the nutrition facts table for the food as sold, the energy value from fat, expressed using a description set out in column 2 of item 3 of the table to section B.01.402, in the unit set out in column 3 and in the manner set out in column 4, and
    (v) the information set out in column 1 of items 3, 6 to 10 and 13 of the table to section B.01.401 and in column 1 of items 9 and 14 of the table to section B.01.402 that is declared as a percentage of the daily value in the nutrition facts table for the food as sold, expressed using a description set out in column 2, as a percentage of the daily value per serving of stated size and in the manner specified in column 4; and
  (b) the nutrition facts table may also set out the following information for the added ingredients or the other food, if it is declared in the nutrition facts table for the food as sold, namely,
  • (i) the information set out in column 1 of items 3 to 5 and 7 to 12 of the table to section B.01.401, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of items 7 and 8 and in grams for the information set out in column 1 of items 3 to 5 and 9 to 12 and in the manner specified in column 4, and
    (ii) the information set out in column 1 of items 5 to 13 of the table to section B.01.402, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of item 9 and in grams for the information set out in column 1 of items 5 to 8 and 10 to 13 and in the manner specified in column 4.

(6) Subsection (5) does not apply in respect of a prepackaged product that is intended solely for children under two years of age.

(7) Subject to subsection (8), the information in the nutrition facts table may also be set out on the basis of other amounts of a food that reflect different uses or different units of measurement of a food, in which case

• (a) the nutrition facts table shall set out the following information for each of the other amounts of food, namely,
  • (i) the amount of the food expressed in a unit specified in column 3 of subitem 1(1) of the table to section B.01.401 and, if applicable, in the manner specified in column 4 of subitems 1(1) and (2),
    (ii) the energy value, expressed using a description set out in column 2 of item 2 of the table to section B.01.401, in the unit set out in column 3 and in the manner set out in column 4,
    (iii) if it is declared in the nutrition facts table for the first amount of food for which information is declared, the energy value from fat, expressed using a description set out in column 2 of item 3 of the table to section B.01.402, in the unit set out in column 3 and in the manner set out in column 4, and
    (iv) the information set out in column 1 of items 3, 6 to 10 and 13 of the table to section B.01.401 and in column 1 of items 9 and 14 of the table to section B.01.402 that is declared as a percentage of the daily value in the nutrition facts table for the first amount of food for which information is declared, expressed using a description set out in column 2, as a percentage of the daily value per serving of stated size and in the manner specified in column 4;
  (b) if the nutrition facts table is set out in a version of the dual format specified in section B.01.458, it may also set out the amount of each of the other amounts of food expressed in the unit specified in column 3 of subitem 1(2) of the table to section B.01.401 and in the manner specified in column 4 of subitem 1(1), if that information is declared in the nutrition facts table for the first amount of food for which information is declared; and
  (c) if the nutrition facts table is set out in a version of the aggregate format specified in section B.01.459 or B.01.464, it shall also set out the following information for each of the other amounts of food, if that information is declared in the nutrition facts table for the first amount of food for which information is declared, namely,
  • (i) the amount of the food expressed in the unit specified in column 3 of subitem 1(2) of the table to section B.01.401 and in the manner specified in column 4 of subitem 1(1),
    (ii) the information set out in column 1 of items 3 to 5 and 7 to 12 of the table to section B.01.401, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of items 7 and 8 and in grams for the information set out in column 1 of items 3 to 5 and 9 to 12 and in the manner specified in column 4, and
    (iii) the information set out in column 1 of items 5 to 13 of the table to section B.01.402, expressed using a description set out in column 2, in milligrams for the information set out in column 1 of item 9 and in grams for the information set out in column 1 of items 5 to 8 and 10 to 13 and in the manner specified in column 4.

(8) If the nutrition facts table of a prepackaged product that is intended solely for children under two years of age sets out information in accordance with subsection (7), it shall set out the information referred to in paragraphs (7)(a) and (c).

[B.01.407 to B.01.449 reserved]

Presentation of Nutrition Facts Table

B.01.450. (1) Subject to subsections (2) to (6), the nutrition facts table shall be presented in accordance with the format specified in the applicable figure in Schedule L, having regard to matters such as order of presentation, dimensions, spacing and the use of upper and lower case letters and bold type.

(2) The characters and rules in the nutrition facts table shall be displayed in a single colour that is a visual equivalent of 100% solid black type on a white background or on a uniform neutral background with a maximum 5% tint of colour.

(3) The characters in the nutrition facts table

• (a) shall be displayed in a single standard sans serif font that is not decorative and in such a manner that the characters never touch each other or the rules; and
  (b) may be displayed with larger dimensions than those specified in the applicable figure in Schedule L if all the characters in the table are enlarged in a uniform manner.

(4) A rule that is specified in the applicable figure in Schedule L as being a 1 point rule or a 2 point rule may be displayed with larger dimensions in the nutrition facts table.

(5) The information in the nutrition facts table shall be in accordance with sections B.01.400 to B.01.403 and B.01.406.

(6) In a nutrition facts table consisting of a table in both English and French, the order of languages may be reversed from the order shown in the applicable figure in Schedule L.

Location of Nutrition Facts Table

B.01.451. (1) Subject to subsection (2), the nutrition facts table shall be displayed on the label of the prepackaged product

• (a) in a table in English and a table in French on the same continuous surface of the available display surface;
  (b) in a table in both English and French on a continuous surface of the available display surface; or
  (c) in a table in English on a continuous surface of the available display surface and a table in French on another continuous surface of the available display surface that is of the same size and prominence as the first surface.

(2) If in accordance with subsection B.01.012(3) or (7) the information required by these Regulations may be shown on the label of a prepackaged product in English only or in French only and is shown in that language, the nutrition facts table may be displayed on the label of the prepackaged product in a table in that language only on a continuous surface of the available display surface.

Orientation of Nutrition Facts Table

B.01.452. (1) Subject to subsection (2), the nutrition facts table shall be oriented in the same manner as other information appearing on the label of the prepackaged product.

(2) If a version of a nutrition facts table cannot be oriented in the same manner as other information appearing on the label of the prepackaged product, it shall be oriented in another manner if there is sufficient space to do so and the food contained in the package does not leak out and is not damaged when the package is turned over.

(3) Subsection (1) does not apply in respect of a nutrition facts table that is set out on the top or bottom of a prepackaged product.

Application

B.01.453. (1) Sections B.01.454 to B.01.460 apply to prepackaged products other than those that are intended solely for children under two years of age.

(2) Sections B.01.461 to B.01.465 apply to prepackaged products that are intended solely for children under two years of age.

Standard and Horizontal Formats

B.01.454. (1) This section applies to a prepackaged product unless any of sections B.01.455 to B.01.459 applies to the product.

(2) Subject to subsection (3), the nutrition facts table of the prepackaged product shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(3) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual standard format in accordance with Figure 3.5(B), 3.6(B) or 3.7(B) of Schedule L;
  (b) the bilingual horizontal format in accordance with Figure 4.3(B), 4.4(B) or 4.5(B) of Schedule L;
  (c) the linear format in accordance with Figures 16.1(E) and (F) or 16.2(E) and (F) of Schedule L;
  (d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or
  (e) a manner described in section B.01.466.

(4) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included in that table.

(5) Despite subsections (2) and (3), if the prepackaged product is sold only in the retail establishment where the product is packaged, is labelled by means of a sticker and has an available display surface of 200 cm² or more, its nutrition facts table shall be set out in a version that is listed in column 1 of items 1 to 3 of Parts 1 to 3 of the table to this section, without regard to any condition specified in column 2.

(6) Despite subsections (2) and (3), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (3)(a), (b) or (c) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE

PART 1

STANDARD FORMAT

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	1.1(E) and (F) (8 point type with 12 point leading)
2.	1.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	1.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	1.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	1.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	1.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
1.	2.1(E) and (F) (8 point type with 12 point leading)
2.	2.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	2.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	2.4(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 3

BILINGUAL STANDARD FORMAT

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	3.1(B) (8 point type with 12 point leading)
2.	3.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	3.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	3.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 4

BILINGUAL HORIZONTAL FORMAT

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	4.1(B) (7 point condensed type with 11 point leading)	The versions in Parts 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
2.	4.2(B) (6 point condensed type with 10 point leading)	The versions in Parts 1 to 3 and in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Simplified Formats

B.01.455. (1) This section applies to a prepackaged product if it satisfies the condition set out in subsection B.01.401(6) and its nutrition facts table includes only the information referred to in paragraphs B.01.401(6)(a) to (j).

(2) Subject to subsection (3), the nutrition facts table of the prepackaged product shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(3) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table containing only the information referred to in paragraphs B.01.401(6)(a) to (j) in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual simplified standard format in accordance with Figure 6.5(B) or 6.6(B) of Schedule L;
  (b) the bilingual simplified horizontal format in accordance with Figure 7.3(B) or 7.4(B) of Schedule L;
  (c) the simplified linear format in accordance with Figures 17.1(E) and (F) or 17.2(E) and (F) of Schedule L;
  (d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or
  (e) a manner described in section B.01.466.

(4) Despite subsections (2) and (3), if the prepackaged product is sold only in the retail establishment where the product is packaged, is labelled by means of a sticker and has an available display surface of 200 cm² or more, its nutrition facts table shall be set out in a version that is listed in column 1 of items 1 to 3 of Parts 1 and 2 of the table to this section, without regard to any condition specified in column 2.

(5) Despite subsections (2) and (3), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (3)(a), (b) or (c) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE

PART 1

SIMPLIFIED STANDARD FORMAT

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	5.1(E) and (F) (8 point type with 12 point leading)
2.	5.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	5.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	5.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	5.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	5.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 2

BILINGUAL SIMPLIFIED STANDARD FORMAT

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	6.1(B) (8 point type with 12 point leading)
2.	6.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	6.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	6.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 3

BILINGUAL SIMPLIFIED HORIZONTAL FORMAT

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	7.1(B) (7 point condensed type with 11 point leading)	The versions in Parts 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
2.	7.2(B) (6 point condensed type with 10 point leading)	The versions in Parts 1 and 2 and in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Dual Format — Foods Requiring Preparation

B.01.456. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes information referred to in subsection B.01.406(5), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(2) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual dual format in accordance with Figure 9.5(B) or 9.6(B) of Schedule L; or
  (b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included in the table, together with the information referred to in subsection B.01.406(5).

(4) Despite subsections (1) and (2), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (2)(a) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE

PART 1

DUAL FORMAT — FOODS REQUIRING PREPARATION

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	8.1(E) and (F) (8 point type with 12 point leading)
2.	8.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	8.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	8.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	8.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	8.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 2

BILINGUAL DUAL FORMAT — FOODS REQUIRING PREPARATION

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	9.1(B) (8 point type with 12 point leading)
2.	9.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	9.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	9.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Aggregate Format — Different Kinds of Foods

B.01.457. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes separate information for each food or ingredient as provided in subsection B.01.406(2), paragraph B.01.406(3)(a) or subsection B.01.406(4), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(2) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out

• (a) in the case of a product described in subsection B.01.406(2) or (4), in
  • (i) the bilingual aggregate format in accordance with Figure 11.5(B) or 11.6(B) of Schedule L, or
    (ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or
  (b) in the case of a product described in paragraph B.01.406(3)(a), in
  • (i) the bilingual aggregate format in accordance with Figure 11.5(B) or 11.6(B) of Schedule L,
    (ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or
    (iii) a manner described in section B.01.466.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each food or ingredient for which separate information is set out in the table.

(4) Despite subsections (1) and (2), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in subparagraph (2)(a)(i) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE

PART 1

AGGREGATE FORMAT — DIFFERENT KINDS OF FOODS

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	10.1(E) and (F) (8 point type with 12 point leading)
2.	10.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	10.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	10.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	10.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	10.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
1.	11.1(B) (8 point type with 12 point leading)
2.	11.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	11.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	11.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Dual Format —Different Amounts of Food

B.01.458. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes separate information for different amounts of the food as provided in paragraph B.01.406(7)(a) without including the information referred to in paragraph B.01.406(7)(c), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(2) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual dual format in accordance with Figure 13.5(B) or 13.6(B) of Schedule L; or
  (b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each amount of the food for which separate information is set out in the table.

(4) Despite subsections (1) and (2), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (2)(a) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE

PART 1

DUAL FORMAT — DIFFERENT AMOUNTS OF FOOD

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	12.1(E) and (F) (8 point type with 12 point leading)
2.	12.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	12.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	12.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	12.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	12.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 2

BILINGUAL DUAL FORMAT — DIFFERENT AMOUNTS OF FOOD

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	13.1(B) (8 point type with 12 point leading)
2.	13.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	13.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	13.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Aggregate Format — Different Amounts of Food

B.01.459. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product includes separate information for different amounts of the food as provided in paragraphs B.01.406(7)(a) and (c), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(2) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual aggregate format in accordance with Figure 15.5(B) or 15.6(B) of Schedule L; or
  (b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each amount of the food for which separate information is set out in the table.

(4) Despite subsections (1) and (2), if the nutrition facts table of the prepackaged product is set out on a tag attached to an ornamental container or a tag attached to a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase, it shall be set out in a version that is described in paragraph (2)(a) or that is listed in column 1 of the table to this section, without regard to any condition specified in column 2.

TABLE

PART 1

AGGREGATE FORMAT — DIFFERENT AMOUNTS OF FOOD

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	14.1(E) and (F) (8 point type with 12 point leading)
2.	14.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	14.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	14.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	14.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	14.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
1.	15.1(B) (8 point type with 12 point leading)
2.	15.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	15.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	15.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Presentation of Additional Information

B.01.460. (1) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in English and a table in French or a table in English or French, that information shall be displayed

• (a) in accordance with the order of presentation, the use of indents and the presentation of footnotes illustrated in Figures 18.1(E) and (F) of Schedule L; and
  (b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(2) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in both English and French, that information shall be displayed

• (a) in accordance with the order of presentation, the use of indents and the presentation of footnotes illustrated in Figure 19.1(B) of Schedule L; and
  (b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(3) Despite paragraph (1)(a), the use of indents illustrated in Figures 18.1(E) and (F) of Schedule L is not applicable if information referred to in column 1 of the table to section B.01.402 is set out in the linear format referred to in paragraph B.01.454(3)(c) or the simplified linear format referred to in paragraph B.01.455(3)(c).

Standard and Horizontal Formats C Children under Two Years of Age

B.01.461. (1) This section applies to a prepackaged product that is intended solely for children under two years of age unless section B.01.462, B.01.463 or B.01.464 applies to the product.

(2) Subject to subsection (3), the nutrition facts table of the prepackaged product shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(3) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual standard format in accordance with Figure 22.5(B), 22.6(B) or 22.7(B) of Schedule L;
  (b) the bilingual horizontal format in accordance with Figure 23.3(B) or 23.4(B) of Schedule L;
  (c) the linear format in accordance with Figures 31.1(E) and (F) or 31.2(E) and (F) of Schedule L;
  (d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or
  (e) a manner described in section B.01.466.

(4) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included in that table.

TABLE

PART 1

STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	20.1(E) and (F) (8 point type with 12 point leading)
2.	20.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	20.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	20.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	20.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	20.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
1.	21.1(E) and (F) (8 point type with 12 point leading)
2.	21.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	21.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	21.4(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 3

BILINGUAL STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	22.1(B) (8 point type with 12 point leading)
2.	2.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	22.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	22.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 4

BILINGUAL HORIZONTAL FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	23.1(B) (7 point condensed type with 11 point leading)	The versions in Parts 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
2.	23.2(B) (6 point condensed type with 10 point leading)	The versions in Parts 1 to 3 and in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Simplified Formats — Children under Two Years of Age

B.01.462. (1) This section applies to a prepackaged product that is intended solely for children under two years of age if it satisfies the condition set out in subsection B.01.403(5) and its nutrition facts table includes only the information referred to in paragraphs B.01.403(5)(a) to (k).

(2) Subject to subsection (3), the nutrition facts table of the prepackaged product shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(3) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table containing only the information referred to in paragraphs B.01.403(5)(a) to (k) in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual simplified standard format in accordance with Figure 25.5(B) or 25.6(B) of Schedule L;
  (b) the bilingual simplified horizontal format in accordance with Figure 26.3(B) or 26.4(B) of Schedule L;
  (c) the simplified linear format in accordance with Figures 32.1(E) and (F) or 32.2(E) and (F) of Schedule L;
  (d) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table; or
  (e) a manner described in section B.01.466.

TABLE

PART 1

SIMPLIFIED STANDARD FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	24.1(E) and (F) (8 point type with 12 point leading)
2.	24.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	24.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	24.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	24.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	24.6(E) and (F) (6 point condensed typewith 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
1.	25.1(B) (8 point type with 12 point leading)
2.	25.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	25.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	25.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 3

BILINGUAL SIMPLIFIED HORIZONTAL FORMAT — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	26.1(B) (7 point condensed type with 11 point leading)	The versions in Parts 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
2.	26.2(B) (6 point condensed type with 10 point leading)	The versions in Parts 1 and 2 and in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Aggregate Format — Different Kinds of Foods — Children under Two Years of Age

B.01.463. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product that is intended solely for children under two years of age includes separate information for each food or ingredient as provided in subsection B.01.406(2), paragraph B.01.406(3)(a) or subsection B.01.406(4), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(2) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out

• (a) in the case of a product described in subsection B.01.406(2) or (4), in
  • (i) the bilingual aggregate format in accordance with Figure 28.5(B) or 28.6(B) of Schedule L, or
    (ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or
  (b) in the case of a product described in paragraph B.01.406(3)(a), in
  • (i) the bilingual aggregate format in accordance with Figure 28.5(B) or 28.6(B) of Schedule L,
    (ii) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table, or
    (iii) a manner described in section B.01.466.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each food or ingredient for which separate information is set out in the table.

TABLE

PART 1

AGGREGATE FORMAT — DIFFERENT KINDS OF FOODS — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	27.1(E) and (F) (8 point type with 12 point leading)
2.	27.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	27.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	27.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	27.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	27.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
1.	28.1(B) (8 point type with 12 point leading)
2.	28.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	28.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	28.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Aggregate Format — Different Amounts of Food — Children under Two Years of Age

B.01.464. (1) Subject to subsection (2), if the nutrition facts table of a prepackaged product that is intended solely for children under two years of age includes separate information for different amounts of the food as provided in subsection B.01.406(8), the nutrition facts table shall be set out in a version that is listed in column 1 of the table to this section and in respect of which the condition specified in column 2 is satisfied.

(2) If it is not possible to display, in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, a nutrition facts table in any of the versions that is listed in column 1 of the table to this section, the nutrition facts table shall be set out in

• (a) the bilingual aggregate format in accordance with Figure 30.5(B) or 30.6(B) of Schedule L; or
  (b) a version that is listed in column 1 of the table to this section, even though more than 15% of the available display surface would be required to display the nutrition facts table.

(3) For the purpose of this section, in determining whether a version of a nutrition facts table cannot be displayed in accordance with these Regulations on 15% or less of the available display surface of the prepackaged product, the nutrition facts table shall include only the information that is required by these Regulations to be included for each amount of the food for which separate information is set out in the table.

TABLE

PART 1

AGGREGATE FORMAT — DIFFERENT AMOUNTS OF FOOD — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	29.1(E) and (F) (8 point type with 12 point leading)
2.	29.2(E) and (F) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	29.3(E) and (F) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	29.4(E) and (F) (7 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
5.	29.5(E) and (F) (6 point condensed type with 10 point leading)	The versions in items 1 to 4 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
6.	29.6(E) and (F) (6 point condensed type with 9 point leading)	The versions in items 1 to 5 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

PART 2

BILINGUAL AGGREGATE FORMAT — DIFFERENT AMOUNTS OF FOOD — CHILDREN UNDER TWO YEARS OF AGE

Item	Column 1 Figure in Schedule L (Version)	Column 2 Condition of use
1.	30.1(B) (8 point type with 12 point leading)
2.	30.2(B) (7 point type with 11 point leading)	The version in item 1 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
3.	30.3(B) (7 point condensed type with 11 point leading)	The versions in items 1 and 2 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.
4.	30.4(B) (6 point condensed type with 10 point leading)	The versions in items 1 to 3 cannot be displayed in accordance with these Regulations on 15% or less of the available display surface.

Presentation of Additional Information — Children under Two Years of Age

B.01.465. (1) This section applies to a prepackaged product that is intended solely for children under two years of age.

(2) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in English and a table in French or a table in English or French, that information shall be displayed

• (a) in accordance with the order of presentation and the use of indents illustrated in Figures 33.1(E) and (F) of Schedule L; and
  (b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(3) If information referred to in column 1 of the table to section B.01.402 is included in a nutrition facts table that is set out in a version consisting of a table in both English and French, that information shall be displayed

• (a) in accordance with the order of presentation and the use of indents illustrated in Figure 34.1(B) of Schedule L; and
  (b) in respect of matters other than those referred to in paragraph (a), in accordance with the format that is specified in the applicable figure in Schedule L.

(4) Despite paragraph (2)(a), the use of indents illustrated in Figures 33.1(E) and (F) of Schedule L is not applicable if information referred to in column 1 of the table to section B.01.402 is set out in the linear format referred to in paragraph B.01.461(3)(c) or the simplified linear format referred to in paragraph B.01.462(3)(c).

Alternative Methods of Presentation

B.01.466. (1) Despite section A.01.016, the nutrition facts table of a prepackaged product that meets the condition specified in subsection B.01.454(3) or B.01.455(3), paragraph B.01.457(2)(b), subsection B.01.461(3) or B.01.462(3) or paragraph B.01.463(2)(b) may be set out on

• (a) a tag attached to the package;
  (b) a package insert;
  (c) the inner side of a label;
  (d) a fold-out label; or
  (e) an outer sleeve, overwrap or collar.

(2) If the nutrition facts table is set out in a manner described in paragraph (1)(b) or (c), the outer side of the label of the package shall indicate in a type size of not less than 8 points where the nutrition facts table is located.

(3) If the nutrition facts table is set out in a manner described in subsection (1), it shall be set out

• (a) in the case of a product described in subsection B.01.454(3), in a version that is described in paragraph B.01.454(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.454;
  (b) in the case of a product described in subsection B.01.455(3), in a version that is described in paragraph B.01.455(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.455;
  (c) in the case of a product described in paragraph B.01.457(2)(b), in a version that is described in subparagraph B.01.457(2)(b)(i) or that is listed in column 1 of the table to section B.01.457;
  (d) in the case of a product described in subsection B.01.461(3), in a version that is described in paragraph B.01.461(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.461;
  (e) in the case of a product described in subsection B.01.462(3), in a version that is described in paragraph B.01.462(3)(a), (b) or (c) or that is listed in column 1 of the table to section B.01.462; and
  (f) in the case of a product described in paragraph B.01.463(2)(b), in a version that is described in subparagraph B.01.463(2)(b)(i) or that is listed in column 1 of the table to section B.01.463.

Small Packages

B.01.467. (1) Despite section A.01.016 and subject to subsection (2), if the available display surface of a prepackaged product is less than 100 cm², the label of the product need not carry a nutrition facts table if the outer side of the label contains an indication of how a purchaser or consumer may obtain the nutrition information that would otherwise be required to be set out in a nutrition facts table on the label of the product.

(2) Subsection (1) does not apply to a prepackaged product that is

• (a) described in paragraph B.01.401(3)(a), (b), (c) or (e); or
  (b) contained in a package to which a label cannot be physically applied or on which information cannot be legibly set out and easily viewed by the purchaser or consumer under the customary conditions of purchase.

(3) An indication referred to in subsection (1)

• (a) shall be set out in a type size of not less than 8 points;
  (b) shall include a postal address or a toll-free telephone number; and
  (c) shall be

• (i) in English and French, or
  (ii) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the product may be shown in that language only and is shown on the label in that language.

(4) The manufacturer of the prepackaged product shall provide the information referred to in subsection (1) to a purchaser or consumer on request

• (a) without charge;
  (b) in the following manner, namely,
  • (i) in the official language in which the information is requested or, if specified by the purchaser or consumer, in both official languages, or
    (ii) in one of the official languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the product may be shown in that language only and is shown on the label in that language; and
  (c) in the form of a nutrition facts table that is set out
  • (i) in a format, other than a horizontal format, that is specified in any of sections B.01.454 to B.01.459 or B.01.461 to B.01.464 and that would otherwise be carried on the label of the product in accordance with these Regulations, and
    (ii) in a version of that format that is listed in column 1 of item 1 of any Part of the table to the applicable section referred to in subparagraph (i).

(5) In this section, "official languages" means the English language and the French language.

[B.01.468 to B.01.499 reserved]

Nutrient Content Claims

Interpretation

B.01.500. (1) The following definitions apply in this section and in the table following section B.01.513.

"combination foods" means the category of food to which belong foods that contain as ingredients foods from more than one food group, or foods from one or more food groups mixed with foods from the category of other foods, such as pizza or lasagna. (aliments composés)

"food group" means one of the following categories of foods:

• (a) milk products, and milk product alternatives such as fortified plant-based beverages;
  (b) meat, poultry and fish, and alternatives such as legumes, eggs, tofu or peanut butter;
  (c) bread and grain products; or
  (d) vegetables and fruit. (groupe alimentaire)

"other foods" means the category of food to which belong foods that are not part of any food group, including

• (a) foods that are mostly fats, such as butter, margarine, oil or lard;
  (b) foods that are mostly sugars, such as jam, honey, syrup or confectionery;
  (c) snack foods, such as potato chips or pretzels;
  (d) beverages, such as water, tea, coffee or soft drinks; and
  (e) herbs, spices and condiments, such as pickles, mustard or ketchup. (autres aliments)

"reference food of the same food group" means a food that can be substituted in the diet for the food to which it is compared and that belongs to

• (a) the same food group as the food to which it is compared, such as cheese as a reference food for milk, or chicken as a reference food for tofu;
  (b) the category of other foods, if the food to which it is compared also belongs to that category, such as pretzels as a reference food for potato chips; or
  (c) the category of combination foods, if the food to which it is compared also belongs to that category, such as pizza as a reference food for lasagna. (aliment de référence du même groupe alimentaire)

"similar reference food" means a food of the same type as the food to which it is compared and that has not been processed, formulated, reformulated or otherwise modified in a manner that increases or decreases the energy value or the amount of a nutrient that is the subject of the comparison, such as whole milk as a similar reference food for partly skimmed milk or regular chocolate chip cookies as a similar reference food for fat-reduced chocolate chip cookies. (aliment de référence similaire)

(2) The similar reference food referred to in column 3 of item 45 of the table following section B.01.513, with respect to the subject "light in energy or fat" set out in column 1, shall have a nutrient value that is representative of foods of that type that have not been processed, formulated, reformulated or otherwise modified in a manner that increases the energy value or the amount of fat.

Languages

B.01.501. The representations provided for in sections B.01.503 to B.01.513 that appear on the label of a food shall be

• (a) in English and French; or
  (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

Statements or Claims

B.01.502. (1) No person shall, on the label of or in any advertisement for a food, make a representation, express or implied, that characterizes the energy value of the food or the amount of a nutrient contained in the food.

(2) Subsection (1) does not apply to

• (a) a representation otherwise provided for in these Regulations;
  (b) a representation provided for by section 35 of the Processed Products Regulations;
  (c) a representation provided for by subsection 94(4) of the Meat Inspection Regulations, 1990;
  (d) a representation that characterizes the amount of lactose in a food;
  (e) a representation that characterizes the addition of salt to a food, other than any statement or claim set out in column 4 of the table following section B.01.513;
  (f) a representation that characterizes the addition of sugars to a food, other than any statement or claim set out in column 4 of the table following section B.01.513;
  (g) a representation that characterizes the amount of starch in a food, if the food is intended solely for children under two years of age;
  (h) the representations "defatted (naming the food)", "demineralized (naming the food)" and "high (naming the monosaccharide or disaccharide) (naming the syrup)";
  (i) a representation that characterizes the amount of a fatty acid in a vegetable oil and forms part of its common name;
  (j) a representation that characterizes the amount of alcohol in beverages that contain more than 0.5% alcohol;
  (k) the representation "light salted" with respect to fish; or
  (l) the English representation "lean" with respect to a prepackaged meal represented for use in a weight reduction diet or a weight maintenance diet.

B.01.503. (1) A person may, on the label of or in any advertisement for a food, make a statement or claim set out in column 4 of the table following section B.01.513, with respect to a subject set out in column 1, if

• (a) the food meets the applicable conditions set out in column 2;
  (b) the label or advertisement meets the conditions, if any, set out in column 3, in accordance with sections B.01.504 to B.01.506; and
  (c) in the case of a food that is not a prepackaged product, or a prepackaged product for which an advertisement is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement includes, per serving of stated size, and in accordance with section B.01.505 or B.01.506 if applicable,
  • (i) the declaration of the energy value, if the energy value is the subject of the statement or claim, or
    (ii) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

(2) Despite subsection (1), no person shall, on the label of or in any advertisement for a food that is intended solely for children under two years of age, make a statement or claim set out in column 4 of the table following section B.01.513, unless it is a statement or claim respecting one of the following subjects set out in column 1:

• (a) "source of protein", set out in item 8;
  (b) "excellent source of protein", set out in item 9;
  (c) "more protein", set out in item 10;
  (d) "no added sodium or salt", set out in item 35; or
  (e) "no added sugars", set out in item 40.

(3) If a statement or claim set out in column 4 of the table following section B.01.513 is made on the label of or in any advertisement for a food, all the words, numbers, signs or symbols that constitute the statement or claim shall be of the same size and prominence.

(4) In the English version of the statements or claims, the word "fibre" may be spelled as "fiber".

B.01.504. If a statement or claim set out in column 4 of the table following section B.01.513 is made on the label of a food, the information required under the conditions set out in column 3 shall be

• (a) adjacent to, without any intervening printed, written or graphic material,
  • (i) the statement or claim, if the statement or claim is made only once, or
    (ii) the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once; and
  (b) shown in letters of at least the same size and prominence as
  • (i) those of the statement or claim, if the statement or claim is made only once, or
    (ii) those of the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once.

B.01.505. If a statement or claim set out in column 4 of the table following section B.01.513 is made in an advertisement for a food, other than a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be

• (a) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and
  (b) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

B.01.506. (1) If a statement or claim set out in column 4 of the table following section B.01.513 is made in a radio or television advertisement, the information required under the conditions set out in column 3 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be provided in the advertisement, except for the information required under the condition set out in paragraph (a) of column 3, in respect of the following subjects set out in column 1, which may be on the label:

• (a) "reduced in energy", set out in item 3;
  (b) "reduced in fat", set out in item 13;
  (c) "reduced in saturated fatty acids", set out in item 20;
  (d) "reduced in trans fatty acids", set out in item 23;
  (e) "reduced in cholesterol", set out in item 29;
  (f) "reduced in sodium or salt", set out in item 33;
  (g) "lightly salted", set out in item 36;
  (h) "reduced in sugars", set out in item 38; and
  (i) "light in energy or fat", set out in item 45.

(2) Despite subsection (1), if the statement or claim is made in a radio or television advertisement that is not made or placed by or on the direction of the manufacturer of the food, the information required under the condition set out in paragraph (a) of column 3 of the table following section B.01.513, in respect of the subjects set out in paragraphs (1)(a) to (i), shall be provided in the advertisement.

(3) If the information required under the conditions set out in column 3 of the table following section B.01.513 and the information required by paragraph B.01.503(1)(c) is provided in a radio advertisement or in the audio portion of a television advertisement, that information shall immediately precede or follow the statement or claim.

(4) In the case of a television advertisement, the information required under the conditions set out in column 3 of the table following section B.01.513 and, if applicable, the information required by paragraph B.01.503(1)(c), shall be communicated

• (a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or
  (b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(5) If the information required under the conditions set out in column 3 of the table following section B.01.513 and the information required by paragraph B.01.503(1)(c) is communicated in the visual mode of a television advertisement, it shall

• (a) appear concurrently with and for at least the same amount of time as the statement or claim;
  (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and
  (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

B.01.507. A person may, on the label of or in any advertisement for a food, make a representation, express or implied, that the food is for use in an energy-reduced diet, if a statement or claim set out in column 4 of the table following section B.01.513, in respect of any of the following subjects set out in column 1, is made on the label of or in the advertisement for the food, in accordance with section B.01.503:

• (a) "free of energy", set out in item 1;
  (b) "low in energy", set out in item 2;
  (c) "reduced in energy", set out in item 3;
  (d) "lower in energy", set out in item 4; or
  (e) "free of sugars", set out in item 37.

B.01.508. A person may, on the label of or in any advertisement for a food, make a representation, express or implied, that the food is for use in a sodium-restricted diet, if a statement or claim set out in column 4 of the table following section B.01.513, in respect of any of the following subjects set out in column 1, is made on the label of or in the advertisement for the food, in accordance with section B.01.503:

• (a) "free of sodium or salt", set out in item 31;
  (b) "low in sodium or salt", set out in item 32;
  (c) "reduced in sodium or salt", set out in item 33; or
  (d) "lower in sodium or salt", set out in item 34.

B.01.509. A person may, on the label of or in any advertisement for a food, make the statement or claim that the food is "unsweetened" if the food meets the conditions set out in column 2 of item 40 of the table following section B.01.513 for the subject "no added sugars" set out in column 1 and the food does not contain a sweetener set out in column I of Table IX to section B.16.100.

B.01.510. A statement or claim set out in column 4 of the table following section B.01.513, respecting the following subjects set out in column 1, that is made on the label of or in an advertisement for a breakfast cereal with milk, shall be accompanied by an indication that it refers to 30 g of the breakfast cereal combined with 125 mL of milk:

• (a) "source of protein", set out in item 8;
  (b) "excellent source of protein", set out in item 9; and
  (c) "more protein", set out in item 10.

B.01.511. (1) For greater certainty and subject to subsections (2) to (4), a statement or claim set out in column 4 of the table following section B.01.513 that is made on the label of or in any advertisement for a food may be preceded or followed by other words, numbers, signs or symbols, but none of those shall be interposed between the words, numbers, signs or symbols of the statement or claim.

(2) The words "very", "ultra" and "extra", and all other words, numbers, signs or symbols that modify the nature of a statement or claim, shall not precede or follow the statement or claim.

(3) A statement or claim that is made on the label of or in any advertisement for a food that has not been processed, formulated, reformulated or otherwise modified to meet the conditions set out in column 2 of the table following section B.01.513 shall not be accompanied by the brand name of the food.

(4) Any words, numbers, signs or symbols preceding or following the statement or claim referred to in subsection (3) shall accompany the statement or claim in such a manner that the statement or claim characterizes all foods of that type, and not only the specific food.

B.01.512. If a food meets the conditions set out in column 2 of the table following section B.01.513 for more than one of the subjects set out in column 1, it is not necessary to repeat the common element of the statements or claims set out in column 4 that are used on the label of or in the advertisement for the food, and the remaining elements may be joined by means of a conjunction or punctuation, as appropriate.

Sensory Characteristic

B.01.513. (1) No person shall, on the label of or in any advertisement for a food, make the statement or claim "light" or "léger" — including any phonetic rendering of that statement or claim — respecting a sensory characteristic of the food unless the following conditions are met:

• (a) if the statement or claim "light" or "léger" is made on the label of a food, the sensory characteristic shall be
  • (i) adjacent to, without any intervening printed, written or graphic material,
    • (A) the statement or claim, if the statement or claim is made only once, or
      (B) the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once, and
    (ii) shown in letters of at least the same size and prominence as
    • (A) those of the statement or claim, if the statement or claim is made only once, or
      (B) those of the most prominent statement or claim on the principal display panel or, if none appears there, the most prominent statement or claim elsewhere on the label, if the statement or claim is made more than once;
  (b) if the statement or claim "light" or "léger" is made in an advertisement for a food, other than a radio or television advertisement, the sensory characteristic shall be
  • (i) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and
    (ii) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once;
  (c) if the statement or claim "light" or "léger" is made in a radio advertisement or in the audio portion of a television advertisement, the sensory characteristic shall immediately precede or follow the statement or claim; and
  (d) if the statement or claim "light" or "léger" is made in the visual portion of a television advertisement, the sensory characteristic shall
  • (i) appear concurrently with and for the same amount of time as the statement or claim,
    (ii) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and
    (iii) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(2) Subsection (1) does not apply to

• (a) the English statement or claim "light" when used in accordance with subsection 12(1) of the Maple Products Regulations; or
  (b) the statement or claim "light" or "léger" when used with respect to rum.

TABLE

Item	Column 1 Subject	Column 2 Conditions — Food	Column 3 Conditions — Label or Advertisement	Column 4 Statement or Claim
1.	Free of energy	The food provides less than 5 Calories or 21 kilojoules per reference amount and serving of stated size.		"energy-free", "free of energy", "no energy", "0 energy", "zero energy", "without energy", "contains no energy", "Calorie-free", "free of Calories", "no Calories", "0 Calories", "zero Calories", "without Calories" or "contains no Calories"
2.	Low in energy	The food provides (a) 40 Calories or 167 kilojoules or less per reference amount and serving of stated size and, if the reference amount is 30 g or 30 mL or less, per 50 g; or (b) 120 Calories or 500 kilojoules or less per 100 g, if the food is a prepackaged meal.		"low energy", "low in energy", "low source of energy", "little energy", "low Calorie", "low in Calories", "low source of Calories", "contains only (number) Calories per serving", "contains less than (number) Calories per serving" or "few Calories"
3.	Reduced in energy	(1) The food is processed, formulated, reformulated or otherwise modified so that it provides at least 25% less energy (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in energy value compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in Calories.	"reduced energy", "reduced in energy", "energy-reduced", "less energy", "lower energy", "lower in energy", "reduced Calorie", "reduced in Calories", "Calorie-reduced", "less Calories", "lower Calories", "lower in Calories" or "fewer Calories"
		(2) The similar reference food does not meet the conditions set out in column 2 of item 2 for the subject "low in energy" set out in column 1.
4.	Lower in energy	(1) The food provides at least 25% less energy (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or (b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.	The following are identified: (a) the reference food of the same food group; (b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in energy value compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in Calories.	"less energy", "lower energy", "lower in energy", "less Calories", "lower Calorie", "lower in Calories" or "fewer Calories"
		(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 2 for the subject "low in energy" set out in column 1.
5.	Source of energy	The food provides at least 100 Calories or 420 kilojoules per reference amount and serving of stated size.		"source of energy", "contains energy", "provides energy", "source of Calories", "contains Calories" or "provides Calories"
6.	More energy	The food provides at least 25% more energy, totalling at least 100 more Calories or 420 more kilojoules (a) per reference amount of the food, than the reference amount of the reference food of the same food group or the similar reference food; or (b) per 100 g, than 100 g of the reference food of the same food group or the similar reference food, if the food is a prepackaged meal.	The following are identified: (a) the reference food of the same food group or the similar reference food; (b) the amounts of the food and the reference food of the same food group or the similar reference food being compared, if those amounts are not equal; and (c) the difference in energy value compared to the reference food of the same food group or the similar reference food, per serving of stated size, expressed as a percentage or fraction or in Calories.	"more Calories", "contains more Calories", "higher Calories" or "higher in Calories"
7.	Low in protein	The food contains no more than 1 g of protein per 100 g of the food.		"low protein", "low in protein", "low source of protein", "contains only (number) g of protein per serving" or "contains less than (number) g of protein per serving"
8.	Source of protein	The food has a protein rating of 20 or more, as determined by official method FO-1, Determination of Protein Rating, October 15, 1981, (a) per reasonable daily intake; or (b) per 30 g combined with 125 mL of milk, if the food is a breakfast cereal.		"source of protein", "contains protein", "good source of protein", "high protein", "high in protein" or "provides protein"
9.	Excellent source of protein	The food has a protein rating of 40 or more, as determined by official method FO-1, Determination of Protein Rating, October 15, 1981, (a) per reasonable daily intake; or (b) per 30 g combined with 125 mL of milk, if the food is a breakfast cereal.		"excellent source of protein", "very high protein", "very high in protein" or "rich in protein"
10.	More protein	The food (a) has a protein rating of 20 or more, as determined by official method FO-1, Determination of Protein Rating, October 15, 1981, (i) per reasonable daily intake, or (ii) per 30 g combined with 125 mL of milk, if the food is a breakfast cereal; and (b) contains at least 25% more protein, totalling at least 7 g more, per reasonable daily intake than the reference food of the same food group or the similar reference food.	The following are identified: (a) the reference food of the same food group or the similar reference food; (b) the amounts of the food and the reference food of the same food group or the similar reference food being compared, if those amounts are not equal; and (c) the difference in protein compared to the reference food of the same food group or the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.	"more protein", "higher protein" or "higher in protein"
11.	Free of fat	The food contains (a) less than 0.5 g of fat per reference amount and serving of stated size; or (b) less than 0.5 g of fat per serving of stated size, if the food is a prepackaged meal.		"fat-free", "free of fat", "no fat", "0 fat", "zero fat", "without fat", "contains no fat" or "non-fat"
12.	Low in fat	The food contains (a) 3 g or less of fat per reference amount and serving of stated size and, if the reference amount is 30 g or 30 mL or less, per 50 g; or (b) 3 g or less of fat per 100 g with 30% or less of the energy from fat, if the food is a prepackaged meal.		"low fat", "low in fat", "low source of fat", "little fat", "contains only (number) g of fat per serving" or "contains less than (number) g of fat per serving"
13.	Reduced in fat	(1) The food is processed, formulated, reformulated or otherwise modified so that it contains at least 25% less fat (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in fat compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.	"reduced fat", "reduced in fat", "fat-reduced", "less fat", "lower fat" or "lower in fat"
		(2) The similar reference food does not meet the conditions set out in column 2 of item 12 for the subject "low in fat" set out in column 1.
14.	Lower in fat	(1) The food contains at least 25% less fat (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or (b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.	The following are identified: (a) the reference food of the same food group; (b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in fat compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in grams.	"less fat", "lower fat" or "lower in fat"
		(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 12 for the subject "low in fat" set out in column 1.
15.	100% fat-free	The food (a) contains less than 0.5 g of fat per 100 g; (b) contains no added fat; and (c) meets the conditions set out in column 2 of item 11 for the subject "free of fat" set out in column 1.		"100% fat-free" or "100% free of fat"
16.	(Percentage) fat-free	The food meets the conditions set out in column 2 of item 12 for the subject "low in fat" set out in column 1.	One of the following statements or claims is stated: "low fat" or "low in fat".	"(percentage) fat-free" or "(percentage) free of fat"
17.	No added fat	(1) The food contains no added fats or oils set out in Division 9, or added butter or ghee, or ingredients that contain added fats or oils, or butter or ghee.		"no fat added", "no added fat" or "without added fat"
		(2) The similar reference food contains added fats or oils set out in Division 9, or added butter or ghee.
18.	Free of saturated fatty acids	The food contains (a) less than 0.2 g saturated fatty acids and less than 0.2 g trans fatty acids per reference amount and serving of stated size; or (b) less than 0.2 g saturated fatty acids and less than 0.2 g trans fatty acids per serving of stated size, if the food is a prepackaged meal.		"saturated fatty acids-free", "free of saturated fatty acids", "no saturated fatty acids", "0 saturated fatty acids", "zero saturated fatty acids", "without saturated fatty acids", "saturated fat-free", "free of saturated fat", "no saturated fat", "0 saturated fat", "zero saturated fat", "without saturated fat", "saturates-free", "free of saturates", "no saturates", "0 saturates", "zero saturates" or "without saturates"
19.	Low in saturated fatty acids	(1) The food contains 2 g or less of saturated fatty acids and trans fatty acids combined (a) per reference amount and serving of stated size; or (b) per 100 g, if the food is a prepackaged meal. (2) The food provides 15% or less energy from the sum of saturated fatty acids and trans fatty acids.		"low saturated fatty acids", "low in saturated fatty acids", "low source of saturated fatty acids", "little saturated fatty acids", "contains only (number) g of saturated fatty acids per serving", "contains less than (number) g of saturated fatty acids per serving", "low saturated fat", "low in saturated fat", "low source of saturated fat", "little saturated fat", "contains only (number) g of saturated fat per serving", "contains less than (number) g of saturated fat per serving", "low saturates", "low in saturates", "low source of saturates", "little saturates", "contains only (number) g of saturates per serving" or "contains less than (number) g of saturates per serving"
20.	Reduced in saturated fatty acids	(1) The food is processed, formulated, reformulated or otherwise modified, without increasing the content of trans fatty acids, so that it contains at least 25% less saturated fatty acids (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal. (2) The similar reference food does not meet the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in saturated fatty acids compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.	"reduced saturated fatty acids", "reduced in saturated fatty acids", "saturated fatty acids-reduced", "less saturated fatty acids", "lower saturated fatty acids", "lower in saturated fatty acids", "fewer saturated fatty acids", "reduced saturated fat", "reduced in saturated fat", "saturated fat-reduced", "less saturated fat", "lower saturated fat", "lower in saturated fat", "reduced saturates", "reduced in saturates", "saturates-reduced", "less saturates", "lower saturates", "lower in saturates" or "fewer saturates"
21.	Lower in saturated fatty acids	(1) The food contains at least 25% less saturated fatty acids and the content of trans fatty acids is not higher (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or (b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal. (2) The reference food of the same food group does not meet the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.	The following are identified: (a) the reference food of the same food group; (b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in saturated fatty acids compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in grams.	"less saturated fatty acids", "lower saturated fatty acids", "lower in saturated fatty acids", "fewer saturated fatty acids", "less saturated fat", "lower saturated fat", "lower in saturated fat", "less saturates", "lower saturates", "lower in saturates" or "fewer saturates"
22.	Free of trans fatty acids	The food (a) contains less than 0.2 g of trans fatty acids (i) per reference amount and serving of stated size, or (ii) per serving of stated size, if the food is a prepackaged meal; and (b) meets the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.		"trans fatty acids-free", "free of trans fatty acids", "no trans fatty acids", "0 trans fatty acids", "zero trans fatty acids", "without trans fatty acids", "contains no trans fatty acids", "trans fat-free", "free of trans fat", "no trans fat", "0 trans fat", "zero trans fat", "without trans fat", "contains no trans fat", "trans-free", "free of trans", "no trans", "0 trans", "zero trans" or "without trans"
23.	Reduced in trans fatty acids	(1) The food is processed, formulated, reformulated or otherwise modified, without increasing the content of saturated fatty acids, so that it contains at least 25% less trans fatty acids (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal. (2) The similar reference food does not meet the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in trans fatty acids compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.	"reduced trans", "reduced in trans", "trans-reduced", "reduced trans fatty acids", "reduced in trans fatty acids", "trans fatty acids-reduced", "less trans fatty acids", "lower trans fatty acids", "lower in trans fatty acids", "fewer trans fatty acids", "reduced trans fat", "reduced in trans fat", "transfat-reduced", "less trans fat", "lower trans fat" or "lower in trans fat"
24.	Lower in trans fatty acids	(1) The food contains at least 25% less trans fatty acids and the content of saturated fatty acids is not higher (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or (b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal. (2) The reference food of the same food group does not meet the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.	The following are identified: (a) the reference food of the same food group; (b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in trans fatty acids compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in grams.	"less trans fatty acids", "lower trans fatty acids", "lower in trans fatty acids", "fewer trans fatty acids", "less trans fat", "lower trans fat", "lower in trans fat", "less trans", "lower trans" or "lower in trans"
25.	Source of omega-3 polyunsaturated fatty acids	The food contains (a) 0.3 g or more of omega-3 polyunsaturated fatty acids per reference amount and serving of stated size; or (b) 0.3 g or more of omega-3 polyunsaturated fatty acids per 100 g, if the food is a prepackaged meal.		"source of omega-3 polyunsaturated fatty acids", "contains omega-3 polyunsaturated fatty acids", "provides omega-3 polyunsaturated fatty acids", "source of omega-3 polyunsaturated fat", "contains omega-3 polyunsaturated fat", "provides omega-3 polyunsaturated fat", "source of omega-3 polyunsaturates", "contains omega-3 polyunsaturates" or "provides omega-3 polyunsaturates"
26.	Source of omega-6 polyunsaturated fatty acids	The food contains (a) 2 g or more of omega-6 polyunsaturated fatty acids per reference amount and serving of stated size; or (b) 2 g or more of omega-6 polyunsaturated fatty acids per 100 g, if the food is a prepackaged meal.		"source of omega-6 polyunsaturated fatty acids", "contains omega-6 polyunsaturated fatty acids", "provides omega-6 polyunsaturated fatty acids", "source of omega-6 polyunsaturated fat", "contains omega-6 polyunsaturated fat", "provides omega-6 polyunsaturated fat", "source of omega-6 polyunsaturates", "contains omega-6 polyunsaturates" or "provides omega-6 polyunsaturates"
27.	Free of cholesterol	The food (a) contains less than 2 mg of cholesterol (i) per reference amount and serving of stated size, or (ii) per serving of stated size, if the food is a prepackaged meal; and (b) meets the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.		"cholesterol-free", "free of cholesterol", "no cholesterol", "0 cholesterol", "zero cholesterol", "without cholesterol" or "contains no cholesterol"
28.	Low in cholesterol	The food (a) contains 20 mg or less of cholesterol per (i) reference amount and serving of stated size and, if the reference amount is 30 g or 30 mL or less, per 50 g, or (ii) per 100 g, if the food is a prepackaged meal; and (b) meets the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.		"low cholesterol", "low in cholesterol", "low source of cholesterol", "little cholesterol", "contains only (number) mg of cholesterol per serving" or "contains less than (number) mg of cholesterol per serving"
29.	Reduced in cholesterol	(1) The food is processed, formulated, reformulated or otherwise modified so that it contains at least 25% less cholesterol (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in cholesterol compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in milligrams.	"reduced cholesterol", "reduced in cholesterol", "cholesterol-reduced", "less cholesterol", "lower cholesterol" or "lower in cholesterol"
		(2) The similar reference food does not meet the conditions set out in column 2 of item 28 for the subject "low in cholesterol" set out in column 1.
		(3) The food meets the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.
30.	Lower in cholesterol	(1) The food contains at least 25% less cholesterol (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or (b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.	The following are identified: (a) the reference food of the same food group; (b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in cholesterol compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in milligrams.	"less cholesterol", "lower cholesterol" or "lower in cholesterol"
		(2) The reference food of the same food group does not meet the conditions set out in column 2 of item 28 for the subject "low in cholesterol" set out in column 1. (3) The food meets the conditions set out in column 2 of item 19 for the subject "low in saturated fatty acids" set out in column 1.
31.	Free of sodium or salt	The food contains (a) less than 5 mg of sodium per reference amount and serving of stated size; or (b) less than 5 mg of sodium per serving of stated size, if the food is a prepackaged meal.		"sodium-free", "free of sodium", "no sodium", "0 sodium", "zero sodium", "without sodium", "contains no sodium", "salt-free", "free of salt", "no salt", "0 salt", "zero salt", "without salt" or "contains no salt"
32.	Low in sodium or salt	The food contains (a) 140 mg or less of sodium per reference amount and serving of stated size and, if the reference amount is 30 g or 30 mL or less, per 50 g; or (b) 140 mg or less of sodium per 100 g, if the food is a prepackaged meal.		"low sodium", "low in sodium", "low source of sodium", "little sodium", "contains only (number) mg of sodium per serving", "contains less than (number) mg of sodium per serving", "low salt", "low in salt", "low source of salt", "little salt", "contains only (number) mg of salt per serving" or "contains less than (number) mg salt per serving"
33.	Reduced in sodium or salt	(1) The food is processed, formulated, reformulated or otherwise modified so that it contains at least 25% less sodium (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal. (2) The similar reference food does not meet the conditions set out in column 2 of item 32 for the subject "low in sodium or salt" set out in column 1.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in sodium content compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in milligrams.	"reduced sodium", "reduced in sodium", "sodium-reduced", "less sodium", "lower sodium", "lower in sodium", "reduced salt", "reduced in salt", "salt-reduced", "less salt", "lower salt" or "lower in salt"
34.	Lower in sodium or salt	(1) The food contains at least 25% less sodium (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or (b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal. (2) The reference food of the same food group does not meet the conditions set out in column 2 of item 32 for the subject "low in sodium or salt" set out in column 1.	The following are identified: (a) the reference food of the same food group; (b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in sodium content compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in milligrams.	"less sodium", "lower sodium", "lower in sodium", "less salt", "lower salt" or "lower in salt"
35.	No added sodium or salt	(1) The food contains no added salt, other sodium salts or ingredients that contain sodium that functionally substitute for added salt. (2) The similar reference food does not meet the conditions set out in column 2 of item 32 for the subject "low in sodium or salt" set out in column 1 and contains added salt or other sodium salts.		"unsalted", "without added salt", "no salt added", "no added salt", "without added sodium", "no sodium added" or "no added sodium"
36.	Lightly salted	(1) The food contains at least 50% less added sodium than the sodium added to the similar reference food. (2) The similar reference food does not meet the conditions set out in column 2 of item 32 for the subject "low in sodium or salt" set out in column 1.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in sodium content compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in milligrams.	"lightly salted" or "salted lightly"
37.	Free of sugars	The food (a) contains less than 0.5 g of sugars per reference amount and serving of stated size; and (b) with the exception of chewing gum, meets the conditions set out in column 2 of item 1 for the subject "free of energy" set out in column 1.		"sugar-free", "free of sugar", "no sugar", "0 sugar", "zero sugar", "without sugar", "contains no sugar" or "sugarless"
38.	Reduced in sugars	The food is processed, formulated, reformulated or otherwise modified so that it contains at least 25% less sugars, totalling at least 5 g less, (a) per reference amount of the food, than the reference amount of the similar reference food; or (b) per 100 g, than 100 g of the similar reference food, if the food is a prepackaged meal.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in sugars compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.	"reduced sugar", "reduced in sugar", "sugar-reduced", "less sugar", "lower sugar" or "lower in sugar"
39.	Lower in sugars	The food contains at least 25% less sugars, totalling at least 5 g less, (a) per reference amount of the food, than the reference amount of the reference food of the same food group; or (b) per 100 g, than 100 g of the reference food of the same food group, if the food is a prepackaged meal.	The following are identified: (a) the reference food of the same food group; (b) the amounts of the food and the reference food of the same food group being compared, if those amounts are not equal; and (c) the difference in sugars compared to the reference food of the same food group, per serving of stated size, expressed as a percentage or fraction or in grams.	"lower sugar", "lower in sugar" or "less sugar"
40.	No added sugars	(1) The food contains no added sugars, no ingredients containing added sugars or ingredients that contain sugars that functionally substitute for added sugars.		"no sugar added", "no added sugar" or "without added sugar"
		(2) The sugars content is not increased through some other means except if the functional effect is not to increase the sugars content of the food. (3) The similar reference food contains added sugars.
41.	Source of fibre	(1) The food contains 2 g or more (a) of fibre per reference amount and serving of stated size, if no fibre or fibre source is identified in the statement or claim; or (b) of each identified fibre or fibre from an identified fibre source per reference amount and serving of stated size, if a fibre or fibre source is identified in the statement or claim.		"source of fibre", "contains fibre", "provides fibre", "made with fibre", "source of (naming the fibre)", "contains (naming the fibre)", "provides (naming the fibre)", "made with (naming the fibre)", "source of (naming the fibre source)", "contains (naming the fibre source)", "provides (naming the fibre source)", "made with (naming the fibre source)", "source of dietary fibre", "contains dietary fibre", "provides dietary fibre" or "made with dietary fibre"
		(2) The food contains at least one ingredient that meets one of the conditions set out in subsection (1), if the food is a prepackaged meal.
42.	High source of fibre	(1) The food contains 4 g or more (a) of fibre per reference amount and serving of stated size, if no fibre or fibre source is identified in the statement or claim; or (b) of each identified fibre or fibre from an identified fibre source per reference amount and serving of stated size, if a fibre or fibre source is identified in the statement or claim.		"high source of fibre", "high fibre", "high in fibre", "high source of (naming the fibre)", "high (naming the fibre)", "high in (naming the fibre)", "high source of (naming the fibre source)", "high (naming the fibre source)", "high in (naming the fibre source)", "high source of dietary fibre", "high dietary fibre" or "high in dietary fibre"
		(2) The food contains at least one ingredient that meets one of the conditions set out in subsection (1), if the food is a prepackaged meal.
43.	Very high source of fibre	(1) The food contains 6 g or more (a) of fibre per reference amount and serving of stated size, if no fibre or fibre source is identified in the statement or claim; or (b) of each identified fibre or fibre from an identified fibre source per reference amount and serving of stated size, if a fibre or fibre source is identified in the statement or claim. (2) The food contains at least one ingredient that meets one of the conditions set out in subsection (1), if the food is a prepackaged meal.		"very high source of fibre", "very high fibre", "very high in fibre", "fibre rich", "rich in fibre", "very high source of (naming the fibre)", "very high (naming the fibre)", "very high in (naming the fibre)", "(naming the fibre) rich", "rich in (naming the fibre)", "very high source of (naming the fibre source)", "very high (naming the fibre source)", "very high in (naming the fibre source)", "(naming the fibre source) rich", "rich in (naming the fibre source)", "very high source of dietary fibre", "very high dietary fibre", "very high in dietary fibre", "dietary fibre rich" or "rich in dietary fibre"
44.	More fibre	(1) The food contains at least 25% more fibre, totalling at least 1 g more, if no fibre or fibre source is identified in the statement or claim, or at least 25% more of an identified fibre or fibre from an identified fibre source, totalling at least 1 g more, if a fibre or fibre source is identified in the statement or claim (a) per reference amount of the food, than the reference amount of the reference food of the same food group or the similar reference food; or (b) per 100 g, than 100 g of the reference food of the same food group or the similar reference food, if the food is a prepackaged meal.	The following are identified: (a) the reference food of the same food group or the similar reference food; (b) the amounts of the food and the reference food of the same food group or the similar reference food being compared, if those amounts are not equal; and (c) the difference in fibre compared to the reference food of the same food group or the similar reference food, per serving of stated size, expressed as a percentage or fraction or in grams.	"more fibre", "higher fibre", "higher in fibre", "more (naming the fibre)", "higher (naming the fibre)", "higher in (naming the fibre)", "more (naming the fibre source)", "higher (naming the fibre source)", "higher in (naming the fibre source)", "more dietary fibre", "higher dietary fibre" or "higher in dietary fibre"
		(2) The food contains (a) at least 2 g of fibre per reference amount and serving of stated size if no fibre or fibre source is identified in the statement or claim, or at least 2 g of identified fibre or fibre from an identified fibre source per reference amount and serving of stated size if a fibre or fibre source is identified in the statement or claim; or (b) at least one ingredient that meets the conditions set out in column 2 of item 41 for the subject "source of fibre" set out in column 1, if the food is a prepackaged meal.
45.	Light in energy or fat	The food meets the conditions set out in column 2 (a) of item 3 for the subject "reduced in energy" set out in column 1; or (b) of item 13 for the subject "reduced in fat" set out in column 1.	The following are identified: (a) the similar reference food; (b) the amounts of the food and the similar reference food being compared, if those amounts are not equal; and (c) the difference in energy or fat value compared to the similar reference food, per serving of stated size, expressed as a percentage or fraction or in Calories or grams.	"light" or "lite"
46.	Lean	The food (a) is meat or poultry that has not been ground, a marine or fresh water animal or a product of any of these; and (b) contains 10% or less fat.		"lean"
47.	Extra lean	The food (a) is meat or poultry that has not been ground, a marine or fresh water animal or a product of any of these; and (b) contains 7.5% or less fat.		"extra lean"

[B.01.514 to B.01.599 reserved]

Health Claims

Languages

B.01.600. A statement or claim set out in column 1 of the table following section B.01.603 that appears on the label of a food shall be

• (a) in English and French; or
  (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

Statements or Claims

B.01.601. (1) A food with a label or advertisement that carries a statement or claim set out in column 1 of the table following section B.01.603 is exempt from the provisions of the Act and its Regulations with respect to drugs, and from subsections 3(1) and (2) of the Act, if

• (a) the food meets the applicable conditions set out in column 2;
  (b) the label of or the advertisement for the food meets the applicable conditions set out in column 3; and
  (c) the food is not
  • (i) intended solely for children under two years of age, or
    (ii) a food represented for use in a very low energy diet.

(2) Subsection (1) does not apply to a food that comes within the definition of "drug" as defined in section 2 of the Act for a reason other than the fact that its label or advertisement carries a statement or claim referred to in that subsection.

(3) Subsection (1) applies even if the word "graisses" in the French version of the statement or claim is replaced by the word "lipides".

B.01.602. (1) The information required under the conditions set out in column 3 of the table following section B.01.603 that appears in an advertisement for a food that is not a prepackaged product, or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, shall,

• (a) in the case of an advertisement, other than a radio or television advertisement, be
  • (i) adjacent to, without any intervening printed, written or graphic material, the statement or claim set out in column 1, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and
    (ii) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once;
  (b) in the case of a radio advertisement or the audio portion of a television advertisement, immediately precede or follow the statement or claim set out in column 1; or
  (c) in the case of a television advertisement, be communicated
  • (i) in the audio mode, if the statement or claim set out in column 1 is made only in the audio portion of the advertisement or in both the audio and visual portions, or
    (ii) in the audio or visual mode, if the statement or claim set out in column 1 is made only in the visual portion of the advertisement.

(2) The information that is communicated in the visual mode of a television advertisement in accordance with subparagraph (1)(c)(ii) shall

• (a) appear concurrently with and for at least the same amount of time as the statement or claim;
  (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and
  (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

B.01.603. For greater certainty, a statement or claim set out in column 1 of the table following this section that is made on the label of or in any advertisement for a food may be preceded or followed by other words, numbers, signs or symbols, but none of those shall be interposed between the words, numbers, signs or symbols of the statement or claim.

TABLE

Item	Column 1 Statement or Claim	Column 2 Conditions — Food	Column 3 Conditions — Label or Advertisement
1.	(1) "A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is sodium-free." (2) "A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is low in sodium." (3) "A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is a good source of potassium and is sodium-free." (4) "A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is a good source of potassium and is low in sodium." (5) "A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is high in potassium and is sodium-free." (6) "A healthy diet containing foods high in potassium and low in sodium may reduce the risk of high blood pressure, a risk factor for stroke and heart disease. (Naming the food) is high in potassium and is low in sodium."	The food (a) other than a vegetable or fruit, does not meet the conditions set out in column 2 of item 2 of the table following section B.01.513 for the subject "low in energy" set out in column 1; (b) contains at least 10% of the weighted recommended nutrient intake of a vitamin or a mineral nutrient (i) per reference amount and per serving of stated size, or (ii) per serving of stated size, if the food is a prepackaged meal; (c) meets the conditions set out in column 2 of item 19 of the table following section B.01.513 for the subject "low in saturated fatty acids" set out in column 1; (d) contains 0.5% or less alcohol; (e) meets the conditions set out in column 2 of item 31 of the table following section B.01.513 for the subject "free of sodium or salt" set out in column 1, if the label of or advertisement for the food carries statement or claim (1), (3) or (5) set out in column 1 of this item; (f) meets the conditions set out in column 2 of item 32 of the table following section B.01.513 for the subject "low in sodium or salt" set out in column 1, if the label of or advertisement for the food carries statement or claim (2), (4) or (6) set out in column 1 of this item; and (g) contains 350 mg or more of potassium, if the label of or advertisement for the food carries statement or claim (3), (4), (5) or (6) set out in column 1 of this item, (i) per reference amount and per serving of stated size, or (ii) per serving of stated size, if the food is a prepackaged meal.	(1) If the statement or claim is made on the label of or in the advertisement for a prepackaged product, by or on the direction of the manufacturer of the product, the nutrition facts table shall include the amount of potassium, in accordance with subsection B.01.402(2). (2) If the statement or claim is made on the label of or in the advertisement for a food that is not a prepackaged product, or in the advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include the amount of sodium and potassium per serving of stated size, in accordance with section B.01.602 if applicable.
2.	(1) "A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is a good source of calcium." (2) "A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is high in calcium." (3) "A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is an excellent source of calcium." (4) "A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is very high in calcium." (5) "A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is an excellent source of calcium and vitamin D." (6) "A healthy diet with adequate calcium and vitamin D, and regular physical activity, help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is very high in calcium and vitamin D."	The food (a) other than a vegetable or fruit, does not meet the conditions set out in column 2 of item 2 of the table following section B.01.513 for the subject "low in energy" set out in column 1; (b) contains no more phosphorus, excluding that provided by phytate, than calcium; (c) contains 0.5% or less alcohol; (d) contains, if the label of or advertisement for the food carries statement or claim (1) or (2) set out in column 1 of this item, (i) 200 mg or more of calcium per reference amount and per serving of stated size, or (ii) 300 mg or more of calcium per serving of stated size, if the food is a prepackaged meal; (e) contains, if the label of or advertisement for the food carries statement or claim (3), (4), (5) or (6) set out in column 1 of this item, (i) 275 mg or more of calcium per reference amount and per serving of stated size, or (ii) 400 mg or more of calcium per serving of stated size, if the food is a prepackaged meal; and (f) contains 1.25 &microg or more of vitamin D, if the label of or advertisement for the food carries statement or claim (5) or (6) set out in column 1 of this item, (i) per reference amount and per serving of stated size, or (ii) per serving of stated size, if the food is a prepackaged meal.	(1) If the statement or claim is made on the label of or in the advertisement for a prepackaged product, by or on the direction of the manufacturer of the product, the nutrition facts table shall include the amount of vitamin D and phosphorus, in accordance with subsection B.01.402(2). (2) If the statement or claim is made on the label of or in the advertisement for a food that is not a prepackaged product, or in the advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include the amount of vitamin D, calcium and phosphorus per serving of stated size, in accordance with section B.01.602 if applicable.
3.	(1) "A healthy diet low in saturated and trans fats may reduce the risk of heart disease. (Naming the food) is free of saturated and trans fats." (2) "A healthy diet low in saturated and trans fats may reduce the risk of heart disease. (Naming the food) is low in saturated and trans fats."	The food (a) other than a vegetable or fruit, does not meet the conditions set out in column 2 of item 2 of the table following section B.01.513 for the subject "low in energy" set out in column 1; (b) contains at least 10% of the weighted recommended nutrient intake of a vitamin or a mineral nutrient (i) per reference amount and per serving of stated size, or (ii) per serving of stated size, if the food is a prepackaged meal; (c) contains 100 mg or less of cholesterol per 100 g of food; (d) contains 0.5% or less alcohol; (e) if it is a fat or an oil, meets the conditions set out in	If the statement or claim is made on the label of or in the advertisement for a food that is not a prepackaged product, or in the advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include the amount of saturated fatty acids and trans fatty acids per serving of stated size, in accordance with section B.01.602 if applicable.
		(i) column 2 of item 25 of the table following section B.01.513 for the subject "source of omega-3 polyunsaturated fatty acids" set out in column 1, (ii) column 2 of item 26 of the table following section B.01.513 for the subject "source of omega-6 polyunsaturated fatty acids" set out in column 1, or (iii) subparagraphs (i) and (ii);
		(f) contains (i) 480 mg or less of sodium per reference amount and per serving of stated size, and per 50 g if the reference amount is 30 g or 30 mL or less, or
		(ii) 960 mg or less of sodium per serving of stated size, if the food is a prepackaged meal;
		(g) meets the conditions set out in column 2 of item 18 of the table following section B.01.513 for the subject "free of saturated fatty acids" set out in column 1, if the label of or advertisement for the food carries statement or claim (1) set out in column 1 of this item; and
		(h) meets the conditions set out in column 2 of item 19 of the table following section B.01.513 for the subject "low in saturated fatty acids" set out in column 1, if the label of or advertisement for the food carries statement or claim (2) set out in column 1 of this item.
4.	"A healthy diet rich in a variety of vegetables and fruit may help reduce the risk of some types of cancer."	The food (a) is one of the following vegetables, fruit, or juice, and may contain only sweetening agents, food additives as permitted by these Regulations, salt, herbs, spices, seasonings or water: (i) a fresh, frozen, canned or dried vegetable,
		(ii) a fresh, frozen, canned or dried fruit, (iii) a vegetable or fruit juice, or
		(iv) a combination of the foods set out in subparagraphs (i) to (iii);
		(b) is not one of the following: potatoes, yams, cassava, plantain, corn, mushrooms, mature legumes and their juices, (ii) vegetables or fruit used as condiments, garnishes or flavourings, including maraschino cherries, glacé fruit, candied fruit and onion flakes, (iii) jams or jam-type spreads, marmalades, preserves and jellies, (iv) olives, or (v) powdered vegetables or fruit; and (c) contains 0.5% or less alcohol.
5.	(1) "Won't cause cavities." (2) "Does not promote tooth decay." (3) "Does not promote dental caries." (4) "Non-cariogenic."	The food is a chewing gum, hard candy or breath- freshening product that (a) contains 0.25% or less starch, dextrins, mono-, di- and oligosaccharides or other fermentable carbohydrates combined; or (b) does not, if it contains more than 0.25% fermentable carbohydrates, lower plaque pH below 5.7 by bacterial fermentation during 30 minutes after consumption as measured by the indwelling plaque pH test, referred to in "Identification of Low Caries Risk Dietary Components" by T.N. Imfeld, Volume 11, Monographs in Oral Science, 1983.	If the statement or claim is made on the label of or in the advertisement for a prepackaged product, by or on the direction of the manufacturer of the product, the nutrition facts table shall include the amount of sugar alcohols, if present, in accordance with subsection B.01.402(2).

21. (1) Paragraphs B.24.003(1)(a) to (e) of the Regulations are repealed.

(2) Section B.24.003 of the Regulations is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), a person may label, package, sell or advertise a food in a manner likely to create an impression that it is a food for special dietary use if its label carries a statement or claim set out in column 4 of the table following section B.01.513, in accordance with section B.01.503, in respect of any of the following subjects set out in column 1:

• (a) "free of energy", set out in item 1;
  (b) "low in energy", set out in item 2;
  (c) "free of sodium or salt", set out in item 31;
  (d) "low in sodium or salt", set out in item 32; or
  (e) "free of sugars", set out in item 37.

(3) Section B.24.003 of the Regulations is amended by adding the following after subsection (3):

(4) Except as otherwise permitted by these Regulations, no person shall label, package, sell or advertise a food as "dietetic" or "diet", or use those words as part of the brand name of the food, unless its label carries a statement or claim set out in column 4 of the table following section B.01.513, in accordance with section B.01.503, in respect of any of the following subjects set out in column 1:

• (a) "free of energy", set out in item 1;
  (b) "low in energy", set out in item 2;
  (c) "reduced in energy", set out in item 3;
  (d) "lower in energy", set out in item 4; or
  (e) "free of sugars", set out in item 37.

22. Sections B.24.004 to B.24.014 of the Regulations are repealed.

23. Section B.24.019 of the Regulations is repealed.

24. Paragraph B.24.203(a) of the Regulations is repealed.

25. Section B.25.047 of the Regulations is replaced by the following:

B.25.047. Sections B.25.051 to B.25.059 apply in respect of new human milk substitutes.

26. The Regulations are amended by adding the following after section B.25.058:

B.25.059. No person shall, on the label of or in any advertisement for a human milk substitute or a food represented as containing a human milk substitute, make any statement or claim relating to the content in the food of

• (a) the percentage of the daily value of
  • (i) fat,
    (ii) saturated fatty acids and trans fatty acids,
    (iii) sodium,
    (iv) potassium,
    (v) carbohydrate,
    (vi) fibre, or
    (vii) cholesterol; or
  (b) the number of Calories from
  • (i) fat, or
    (ii) saturated fatty acids and trans fatty acids.

27. Subsection D.01.001(2) of the Regulations is replaced by the following:

(2) For the purposes of this Part, a serving of stated size of a food shall be

• (a) based on the food as offered for sale; and
  (b) expressed
  • (i) in grams, if
    • (A) the net quantity of the food is declared on the label by weight or by count, or
      (B) the food is set out in column 1 of item 78, 149 or 150 of Schedule M, and
    (ii) in millilitres, if the net quantity of the food is declared on the label by volume, except in the case of a food referred to in clause (i)(B).

(3) A serving of stated size shall be the net quantity of the food in the package if

• (a) the quantity of food can reasonably be consumed by one person at a single eating occasion;
  (b) the reference amount, as defined in section B.01.001, of the food is less than 100 g or 100 mL and the package contains less than 200% of that amount; or
  (c) the reference amount, as defined in section B.01.001, of the food is 100 g or 100 mL or more and the package contains 150% or less of that amount.

28. Paragraph D.01.002(1)(j) of the Regulations is replaced by the following:

• (j) folacin or folate;

29. Sections D.01.004 and D.01.005 of the Regulations are replaced by the following:

D.01.004. (1) No person shall, on the label of or in any advertisement for a food, other than a formulated liquid diet, a human milk substitute or a food represented as containing a human milk substitute, make a statement or claim concerning the vitamin content of the food unless

• (a) the vitamin is set out in column I of Table I to this Division;
  (b) the percentage of the recommended daily intake of the vitamin, per serving of stated size, is 5% or more; and
  (c) the vitamin content is declared on the label or in the advertisement as a percentage of the daily value, per serving of stated size.

(2) If a statement or claim described in subsection (1) is made in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the percentage of the daily value, per serving of stated size, shall,

• (a) in the case of an advertisement, other than a radio or television advertisement, be
  • (i) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and
    (ii) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once;
  (b) in the case of a radio advertisement or the audio portion of a television advertisement, immediately precede or follow the statement or claim; or
  (c) in the case of a television advertisement, be communicated
  • (i) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions, or
    (ii) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(3) The percentage of the daily value, per serving of stated size, that is communicated in the visual mode of a television advertisement in accordance with subparagraph (2)(c)(ii) shall

• (a) appear concurrently with and for at least the same amount of time as the statement or claim;
  (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and
  (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(4) Paragraph (1)(b) does not apply in respect of a declaration of the vitamin content in a nutrition facts table.

(5) Paragraph (1)(c) does not apply in respect of a declaration of the biotin content as required by subparagraph B.24.202(a)(v).

30. Section D.01.007 of the Regulations is replaced by the following:

D.01.007. (1) If a component of an ingredient of a prepackaged product set out in the table to subsection B.01.009(1) is a vitamin, no person shall, on the label of or in any advertisement for the prepackaged product, make a statement or claim concerning the vitamin as a component of that ingredient unless

• (a) despite subsection B.01.008(6), the vitamin is declared by its common name immediately following the declaration of the ingredient in such a manner as to indicate that it is a component of that ingredient; and
  (b) all components of the ingredient are declared.

(2) Paragraph (1)(b) does not apply to flour used as an ingredient in the manufacture of a prepackaged product referred to in subsection (1).

31. Section D.01.013 of the Regulations is repealed.

32. The portion of item 9 of Table I to Division 1 of Part D of the Regulations in column I is replaced by the following:

	Column I
Item	Vitamin	Units*
9.	Folacin or folate	(µg)

33. Table I to Division 1 of Part D of the Regulations is amended by adding the following after item 11:

	Column I		Column II	Column III
Item	Vitamin	Units*	Intake of persons 2 years of age or older	Intake of infants or children less than 2 years of age
12.	Vitamin K	(µg)	80	30
13.	Biotin	(µg)	30	8

34. Sections D.02.002 and D.02.003 of the Regulations are replaced by the following:

D.02.002. (1) No person shall, on the label of or in any advertisement for a food, other than salt for table or general household use containing added iodide, prepackaged water and ice, a formulated liquid diet, a human milk substitute or a food represented as containing a human milk substitute, make a statement or claim concerning the mineral nutrient content of the food unless

• (a) the mineral nutrient is set out in column I of Table I to this Division;
  (b) the percentage of the recommended daily intake of the mineral nutrient, per serving of stated size, is 5% or more; and
  (c) the mineral nutrient content is declared on the label or in the advertisement as a percentage of the daily value, per serving of stated size.

(2) If a statement or claim described in subsection (1) is made in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the percentage of the daily value, per serving of stated size, shall,

• (a) in the case of an advertisement, other than a radio or television advertisement, be
  • (i) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and
    (ii) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once;
  (b) in the case of a radio advertisement or the audio portion of a television advertisement, immediately precede or follow the statement or claim; or
  (c) in the case of a television advertisement, be communicated
  • (i) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions, or
    (ii) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(3) The percentage of the daily value, per serving of stated size, that is communicated in the visual mode of a television advertisement in accordance with subparagraph (2)(c)(ii) shall

• (a) appear concurrently with and for at least the same amount of time as the statement or claim;
  (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and
  (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(4) Subsection (1) does not apply to a statement or claim made in respect of the sodium or potassium content.

(5) Paragraphs (1)(a) and (c) do not apply in respect of a declaration of the total fluoride ion content as required by sections B.12.002 and B.12.008.

(6) Paragraph (1)(b) does not apply in respect of a declaration of the mineral nutrient content in a nutrition facts table.

(7) Paragraph (1)(c) does not apply in respect of a declaration of the chromium, copper, manganese, molybdenum and selenium content as required by subparagraph B.24.202(a)(v).

35. Sections D.02.005 and D.02.006 of the Regulations are replaced by the following:

D.02.005. (1) If a component of an ingredient of a prepackaged product set out in the table to subsection B.01.009(1) is a mineral nutrient, no person shall, on the label of or in any advertisement for the prepackaged product, make a statement or claim concerning the mineral nutrient as a component of that ingredient unless

• (a) despite subsection B.01.008(6), the mineral nutrient is declared by its common name immediately following the declaration of the ingredient in such a manner as to indicate that it is a component of that ingredient; and
  (b) all components of the ingredient are declared.

(2) Paragraph (1)(b) does not apply to flour used as an ingredient in the manufacture of a prepackaged product referred to in subsection (1).

36. Table I to Division 2 of Part D of the Regulations is amended by adding the following after item 6:

	Column I		Column II	Column III
Item	Mineral Nutrient	Units*	Intake of persons 2 years of age or older	Intake of infants or children less than 2 years of age
7.	Selenium	(µg)	50	15
8.	Copper	(mg)	2	0.5
9.	Manganese	(mg)	2	1.2
10.	Chromium	(µg)	120	12
11.	Molybdenum	(µg)	75	15
12.	Chloride	(mg)	3400	1000

37. The Regulations are amended by adding the following after Schedule K:

SCHEDULE L (Sections B.01.402, B.01.403, B.01.450 and B.01.454 to B.01.465)

NUTRITION FACTS TABLE FORMATS

Standard Format

Figure 1.1(E)

Figure 1.1(F)

Note: Same format specifications as in Figure 1.1(E).

Standard Format

Figures 1.2(E) and (F)

Follow Figures 1.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 1.3(E) and (F)

Follow Figures 1.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 1.4(E) and (F)

Follow Figures 1.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type and the heading in 10 point bold type; leading is reduced by 1point for subheadings, by 2 points where there is a rule and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 1.5(E) and (F)

Follow Figures 1.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type.

Figures 1.6(E) and (F)

Follow Figures 1.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule and by 2 points where there is no rule; thin rules are reduced to 0.25 point.

Narrow Standard Format

Figure 2.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 2.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Narrow Standard Format

Figures 2.2(E) and (F)

Follow Figures 2.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point; the heading is displayed in 11 point bold type.

Figures 2.3(E) and (F)

Follow Figures 2.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point; the heading is displayed in 10 point bold type.

Figures 2.4(E) and (F)

Follow Figures 2.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type.

Bilingual Standard Format

Figure 3.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 3.2(B)

Follow Figure 3.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 3.3(B)

Follow Figure 3.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 3.4(B)

Follow Figure 3.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type with leading reduced by 3 points.

Bilingual Standard Format

Figure 3.5(B)

Note: Same format specifications as in Figure 3.1(B) except as otherwise indicated.

French terms may appear first.

Figure 3.6(B)

Follow Figure 3.5(B) except: leading is reduced by 1 point where there is a rule.

Figure 3.7(B)

Follow Figure 3.5(B) except: the heading may be displayed in 9 point bold type with leading reduced by 3 points; leading may be reduced by 2 points where there is a rule, and by 1 point where there is no rule except for subheadings; box enclosing text may be displayed with a 0.25 point rule within 1 point of text; 2 point rules may be reduced to 1.5 points and the 1 point rule may be reduced to 0.75 point.

Bilingual Horizontal Format

Figure 4.1(B)

Note: French terms may appear first.

Figure 4.2(B)

Follow Figure 4.1(B) except: serving of stated size, Calories and nutrients are displayed in 6 point type; the heading is displayed in 10 point bold type with leading reduced by 3 points; the leading is reduced by 1 point in the right column and the information in the other columns is adjusted accordingly.

Figure 4.3(B)

Note: Same format specifications as in Figure 4.1(B) except as otherwise indicated.

French terms may appear first.

Bilingual Horizontal Format

Figure 4.4(B)

Follow Figure 4.3(B) except: the leading is reduced by 1 point in the right column and the information in the other columns is adjusted accordingly.

Figure 4.5(B)

Note: Same format specifications as in Figure 4.1(B) except as otherwise indicated.

French terms may appear first.

Simplified Standard Format

Figure 5.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 5.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Simplified Standard Format

Figures 5.2(E) and (F)

Follow Figures 5.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 5.3(E) and (F)

Follow Figures 5.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 5.4(E) and (F)

Follow Figures 5.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings, by 2 points where there is a rule, and by 1 point where there is no rule, except for the footnote; thin rules are reduced to 0.25 point.

Figures 5.5(E) and (F)

Follow Figures 5.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type.

Figures 5.6(E) and (F)

Follow Figures 5.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule, and by 2 points where there is no rule, except for the footnote; thin rules are reduced to 0.25 point.

Bilingual Simplified Standard Format

Figure 6.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 6.2(B)

Follow Figure 6.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 6.3(B)

Follow Figure 6.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 6.4(B)

Follow Figure 6.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type with leading reduced by 3 points.

Bilingual Simplified Standard Format

Figure 6.5(B)

Note: Same format specifications as in Figure 6.1(B) except as otherwise indicated.

French terms may appear first.

Figure 6.6(B)

Follow Figure 6.5(B) except: leading is reduced by 1 point where there is a rule.

Bilingual Simplified Horizontal Format

Figure 7.1(B)

Note: Same format specifications as in Figure 4.1(B) except as otherwise indicated.

French terms may appear first.

Figure 7.2(B)

Follow Figure 7.1(B) except: serving of stated size, Calories and nutrients are displayed in 6 point type; the heading is displayed in 10 point bold type with leading reduced by 3 points; the leading is reduced by 1 point where there is a rule and the information in the other column is adjusted accordingly.

Figure 7.3(B)

Note: Same format specifications as in Figure 7.1(B) except as otherwise indicated.

French terms may appear first.

Figure 7.4(B)

Follow Figure 7.3(B) except: leading is reduced by 1 point where there is a rule and the information in the other column is adjusted accordingly.

Dual Format — Foods Requiring Preparation

Figure 8.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 8.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Dual Format — Foods Requiring Preparation

Figures 8.2(E) and (F)

Follow Figures 8.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 8.3(E) and (F)

Follow Figures 8.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 8.4(E) and (F)

Follow Figures 8.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings and the footnotes, by 2 points where there is a rule, and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 8.5(E) and (F)

Follow Figures 8.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type; leading for the footnote is reduced by 1 point.

Figures 8.6(E) and (F)

Follow Figures 8.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule, and by 2 points where there is no rule and for the footnotes; thin rules are reduced to 0.25 point.

Bilingual Dual Format — Foods Requiring Preparation

Figure 9.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 9.2(B)

Follow Figure 9.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 9.3(B)

Follow Figure 9.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 9.4(B)

Follow Figure 9.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type; leading for the footnote is reduced by 1 point.

Bilingual Dual Format — Foods Requiring Preparation

Figure 9.5(B)

Note: Same format specifications as in Figure 9.1(B) except as otherwise indicated.

French terms may appear first.

Figure 9.6(B)

Follow Figure 9.5(B) except: leading is reduced by 1 point where there is a rule.

Aggregate Format — Different Kinds of Foods

Figure 10.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 10.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Aggregate Format — Different Kinds of Foods

Figures 10.2(E) and (F)

Follow Figures 10.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 10.3(E) and (F)

Follow Figures 10.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 10.4(E) and (F)

Follow Figures 10.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type; leading is reduced by 1 point for subheadings and the footnote, by 2 points where there is a rule, and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 10.5(E) and (F)

Follow Figures 10.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Figures 10.6(E) and (F)

Follow Figures 10.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule, and by 2 points where there is no rule and for the footnote; thin rules are reduced to 0.25 point.

Bilingual Aggregate Format — Different Kinds of Foods

Figure 11.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 11.2(B)

Follow Figure 11.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 11.3(B)

Follow Figure 11.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 11.4(B)

Follow Figure 11.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Bilingual Aggregate Format — Different Kinds of Foods

Figure 11.5(B)

Note: Same format specifications as in Figure 11.1(B) except as otherwise indicated.

French terms may appear first.

Figure 11.6(B)

Follow Figure 11.5(B) except: leading is reduced by 1 point where there is a rule.

Dual Format — Different Amounts of Food

Figure 12.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 12.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Dual Format — Different Amounts of Food

Figures 12.2(E) and (F)

Follow Figures 12.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 12.3(E) and (F)

Follow Figures 12.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 12.4(E) and (F)

Follow Figures 12.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings and the footnote, by 2 points where there is a rule, and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 12.5(E) and (F)

Follow Figures 12.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type; leading for the footnote is reduced by 1 point.

Figures 12.6(E) and (F)

Follow Figures 12.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule, and by 2 points where there is no rule and for the footnote; thin rules are reduced to 0.25 point.

Bilingual Dual Format — Different Amounts of Food

Figure 13.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 13.2(B)

Follow Figure 13.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 13.3(B)

Follow Figure 13.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 13.4(B)

Follow Figure 13.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type; leading for the footnote is reduced by 1 point.

Bilingual Dual Format — Different Amounts of Food

Figure 13.5(B)

Note: Same format specifications as in Figure 13.1(B) except as otherwise indicated.

French terms may appear first.

Figure 13.6(B)

Follow Figure 13.5(B) except: leading is reduced by 1 point where there is a rule.

Aggregate Format — Different Amounts of Food

Figure 14.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 14.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Aggregate Format — Different Amounts of Food

Figures 14.2(E) and (F)

Follow Figures 14.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 14.3(E) and (F)

Follow Figures 14.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 14.4(E) and (F)

Follow Figures 14.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type; leading is reduced by 1 point for subheadings and the footnote, by 2 points where there is a rule, and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 14.5(E) and (F)

Follow Figures 14.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Figures 14.6(E) and (F)

Follow Figures 14.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule, and by 2 points where there is no rule and for the footnote; thin rules are reduced to 0.25 point.

Bilingual Aggregate Format — Different Amounts of Food

Figure 15.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 15.2(B)

Follow Figure 15.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 15.3(B)

Follow Figure 15.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 15.4(B)

Follow Figure 15.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Bilingual Aggregate Format — Different Amounts of Food

Figure 15.5(B)

Note: Same format specifications as in Figure 15.1(B) except as otherwise indicated.

French terms may appear first.

Figure 15.6(B)

Follow Figure 15.5(B) except: leading is reduced by 1 point where there is a rule.

Linear Format

Figure 16.1(E)

Note: Number of lines may vary according to available display surface.

Texts of Figures 16.1(E) and (F) may be displayed adjacent to one another within the same box.

Figure 16.1(F)

Note: Same format specifications as in Figure 16.1(E).

Figures 16.2(E) and (F)

Follow Figures 16.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 1 point.

Simplified Linear Format

Figure 17.1(E)

Note: Same format specifications as in Figure 16.1(E) except as otherwise indicated.

Figure 17.1(F)

Note: Same format specifications as in Figure 16.1(E) except as otherwise indicated.

Figure 17.2(E)

Note: Same format specifications as in Figure 17.1(E) except as otherwise indicated.

Figure 17.2(F)

Note: Same format specifications as in Figure 17.1(E) except as otherwise indicated.

Presentation of Additional Information

Including all optional elements that may be declared in the nutrition facts table

Figure 18.1(E) See tables to sections B.01.401 and B.01.402 for wording alternatives

Note: In respect of matters other than the order of presentation, the use of indents and the presentation of footnotes, follow the format that is specified in the applicable figure of this Schedule.

Presentation of Additional Information

Including all optional elements that may be declared in the nutrition facts table

Figure 18.1(F) See tables to sections B.01.401 and B.01.402 for wording alternatives

Note: In respect of matters other than the order of presentation, the use of indents and the presentation of footnotes, follow the format that is specified in the applicable figure of this Schedule.

Bilingual Presentation of Additional Information

Including all optional elements that may be declared in the nutrition facts table

Figure 19.1(B) See tables to sections B.01.401 and B.01.402 for wording alternatives

Note % Daily Value footnote may be replaced by options set out in Figures 18.1(E) and (F). In respect of matters other than the order of presentation, the use of indents and the presentation of footnotes, follow the format that is specified in the applicable figure of this Schedule.

French terms may appear first.

Standard Format

Children Under Two Years of Age

Figure 20.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 20.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Standard Format

Children Under Two Years of Age

Figures 20.2(E) and (F)

 

Follow Figures 20.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 20.3(E) and (F)

Follow Figures 20.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 20.4(E) and (F)

Follow Figures 20.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings, by 2 points where there is a rule and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 20.5(E) and (F)

Follow Figures 20.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type.

Figures 20.6(E) and (F)

Follow Figures 20.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type and the heading in 10 point bold type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule and by 2 points where there is no rule; thin rules are reduced to 0.25 point.

Narrow Standard Format

Children Under Two Years of Age

Figure 21.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 21.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Narrow Standard Format

Children Under Two Years of Age

Figures 21.2(E) and (F)

Follow Figures 21.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point; the heading is diplayed in 11 point bold type.

Figures 21.3(E) and (F)

Follow Figures 21.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point; the heading is diplayed in 10 point bold type.

Figures 21.4(E) and (F)

Follow Figures 21.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type.

Bilingual Standard Format

Children Under Two Years of Age

Figure 22.1(B)

 

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 22.2(B)

Follow Figure 22.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 22.3(B)

Follow Figure 22.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 22.4(B)

Follow Figure 22.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type with leading reduced by 3 points.

Bilingual Standard Format

Children Under Two Years of Age

Figure 22.5(B)

 

Note: Same format specifications as in Figure 22.1(B) except as otherwise indicated.

French terms may appear first.

Figure 22.6(B)

Follow Figure 22.5(B) except: leading is reduced by 1 point where there is a rule.

Figure 22.7(B)

Follow Figure 22.5(B) except: the heading may be displayed in 9 point bold type with leading reduced by 3 points; leading may be reduced by 2 points where there is a rule, and by 1 point where there is no rule except for subheadings; box enclosing text may be displayed with a 0.25 point rule within 1 point of text; 2 point rules may be reduced to 1.5 points and the 1 point rule may be reduced to 0.75 point.

Bilingual Horizontal Format

Children Under Two Years of Age

Figure 23.1(B)

Note: Same format specifications as in Figure 4.1(B).

French terms may appear first.

Figure 23.2(B)

Follow Figure 23.1(B) except: serving of stated size, Calories and nutrients are displayed in 6 point type; the heading is displayed in 10 point bold type with leading reduced by 3 points; leading is reduced by 1 point in the right column and the information in the other columns is adjusted accordingly.

Figure 23.3(B)

Follow Figure 23.1(B) except: serving of stated size, Calories and nutrients are displayed in 6 point type; the heading is displayed in 10 point bold type with leading reduced by 3 points; leading is reduced by 2 points in the right column and the information in the other columns is adjusted accordingly; thin rules are reduced to 0.25 point.

Figure 23.4(B)

Follow Figure 23.1(B) except: serving of stated size, Calories and nutrients are displayed in 6 point type; the heading is displayed in 10 point bold type with leading reduced by 3 points; leading is reduced by 3 points in the right column and the information in the other columns is adjusted accordingly; thin rules are reduced to 0.25 point.

Simplified Standard Format

Children Under Two Years of Age

Figure 24.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 24.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Simplified Standard Format

Children Under Two Years of Age

Figures 24.2(E) and (F)

Follow Figures 24.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 24.3(E) and (F)

Follow Figures 24.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 24.4(E) and (F)

Follow Figures 24.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type and the heading in 10 point bold type; leading is reduced by 1 point for the subheading, by 2 points where there is a rule, and by 1 point where there is no rule, except for the footnote; thin rules are reduced to 0.25 point.

Figures 24.5(E) and (F)

Follow Figures 24.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type.

Figures 24.6(E) and (F)

Follow Figures 24.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type and the heading in 10 point bold type; leading is reduced by 1 point for the subheading, by 3 points where there is a rule, and by 2 points where there is no rule, except for the footnote; thin rules are reduced to 0.25 point.

Bilingual Simplified Standard Format

Children Under Two Years of Age

Figure 25.1(B)

 

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 25.2(B)

Follow Figure 25.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 25.3(B)

Follow Figure 25.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 25.4(B)

Follow Figure 25.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; the heading is displayed in 10 point bold type with leading reduced by 3 points.

Bilingual Simplified Standard Format

Children Under Two Years of Age

Figure 25.5(B)

Note: Same format specifications as in Figure 25.1(B) except as otherwise indicated.

French terms may appear first.

Figure 25.6(B)

Follow Figure 25.5(B) except: leading is reduced by 1 point where there is a rule.

Bilingual Simplified Horizontal Format

Children Under Two Years of Age

Figure 26.1(B)

Note: Same format specifications as in Figure 4.1(B) except as otherwise indicated.

French terms may appear first.

Figure 26.2(B)

Follow Figure 26.1(B) except: serving of stated size, Calories and nutrients are displayed in 6 point type; the heading is displayed in 10 point bold type with leading reduced by 3 points; leading is reduced by 1 point where there is a rule and the information in the other column is adjusted accordingly.

Figure 26.3(B)

Note: Same format specifications as in Figure 26.1(B) except as otherwise indicated.

French terms may appear first.

Figure 26.4(B)

Follow Figure 26.3(B) except: leading is reduced by 1 point where there is a rule and the information in the other column is adjusted accordingly.

Aggregate Format — Different Kinds of Foods

Children Under Two Years of Age

Figure 27.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 27.1(F)

 

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Aggregate Format — Different Kinds of Foods

Children Under Two Years of Age

Figures 27.2(E) and (F)

Follow Figures 27.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 27.3(E) and (F)

Follow Figures 27.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 27.4(E) and (F)

Follow Figures 27.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type; leading is reduced by 1 point for subheadings and the footnote, by 2 points where there is a rule, and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 27.5(E) and (F)

Follow Figures 27.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Figures 27.6(E) and (F)

Follow Figures 27.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule, and by 2 points where there is no rule and for the footnote; thin rules are reduced to 0.25 point.

Bilingual Aggregate Format — Different Kinds of Foods

Children Under Two Years of Age

Figure 28.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 28.2(B)

Follow Figure 28.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 28.3(B)

Follow Figure 28.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 28.4(B)

Follow Figure 28.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Bilingual Aggregate Format — Different Kinds of Foods

Children Under Two Years of Age

Figure 28.5(B)

Note: Same format specifications as in Figure 28.1(B) except as otherwise indicated.

French terms may appear first.

Figure 28.6(B)

Follow Figure 28.5(B) except: leading is reduced by 1 point where there is a rule.

Aggregate Format — Different Amounts of Food

Children Under Two Years of Age

Figure 29.1(E)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Figure 29.1(F)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

Aggregate Format — Different Amounts of Food

Children Under Two Years of Age

Figures 29.2(E) and (F)

Follow Figures 29.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 29.3(E) and (F)

Follow Figures 29.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figures 29.4(E) and (F)

Follow Figures 29.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type; leading is reduced by 1 point for subheadings and the footnote, by 2 points where there is a rule, and by 1 point where there is no rule; thin rules are reduced to 0.25 point.

Figures 29.5(E) and (F)

Follow Figures 29.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Figures 29.6(E) and (F)

Follow Figures 29.1(E) and (F) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type; leading is reduced by 1 point for subheadings, by 3 points where there is a rule, and by 2 points where there is no rule and for the footnote; thin rules are reduced to 0.25 point.

Bilingual Aggregate Format — Different Amounts of Food

Children Under Two Years of Age

Figure 30.1(B)

Note: Same format specifications as in Figure 1.1(E) except as otherwise indicated.

French terms may appear first.

Figure 30.2(B)

Follow Figure 30.1(B) except: serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 30.3(B)

Follow Figure 30.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 7 point type with leading reduced by 1 point.

Figure 30.4(B)

Follow Figure 30.1(B) except: all text is in condensed font; serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 2 points; leading for the footnote is reduced by 1 point.

Bilingual Aggregate Format — Different Amounts of Food

Children Under Two Years of Age

Figure 30.5(B)

Note: Same format specifications as in Figure 30.1(B) except as otherwise indicated.

French terms may appear first.

Figure 30.6(B)

Follow Figure 30.5(B) except: leading is reduced by 1 point where there is a rule.

Linear Format

Children Under Two Years of Age

Figure 31.1(E)

Note: Same format specifications as in Figure 16.1(E).

Figure 31.1(F)

Note: Same format specifications as in Figure 16.1(E).

Figures 31.2(E) and (F)

Follow Figures 31.1(E) and (F) except: serving of stated size, Calories and nutrients are displayed in 6 point type with leading reduced by 1 point.

Simplified Linear Format — Children Under Two

Years of Age

Figure 32.1(E)

Note: Same format specifications as in Figure 16.1(E) except as otherwise indicated.

Figure 32.1(F)

Note: Same format specifications as in Figure 16.1(E) except as otherwise indicated.

Figure 32.2(E)

Note: Same format specifications as in Figure 32.1(E) except as otherwise indicated.

Figure 32.2(F)

Note: Same format specifications as in Figure 32.1(E) except as otherwise indicated.

Presentation of Additional Information

Children Under Two Years of Age

Including all optional elements that may be declared in the nutrition facts table

Figure 33.1(E) See tables to sections B.01.401 and B.01.402 for wording alternatives

Note: In respect of matters other than the order of presentation, the use of indents and the presentation of footnotes, follow the format that is specified in the applicable figure of this Schedule.

Presentation of Additional Information

Children Under Two Years of Age

Including all optional elements that may be declared in the nutrition facts table

Figure 33.1(F) See tables to sections B.01.401 and B.01.402 for wording alternatives

Note: In respect of matters other than the order of presentation, the use of indents and the presentation of footnotes, follow the format that is specified in the applicable figure of this Schedule.

Bilingual Presentation of Additional Information

Children Under Two Years of Age

Including all optional elements that may be declared in the nutrition facts table

Figure 34.1(B) See tables to sections B.01.401 and B.01.402 for wording alternatives

Note: In respect of matters other than the order of presentation, the use of indents and the presentation of footnotes, follow the format that is specified in the applicable figure of this Schedule.

French terms may appear first.

SCHEDULE M
(Sections B.01.001, B.01.002A and D.01.001)

REFERENCE AMOUNTS

Item	Column 1 Food	Column 2 Reference amount1
	Bakery Products
1.	Bread, excluding sweet quick-type rolls	50 g
2.	Bagels, tea biscuits, scones, rolls, buns, croissants, tortillas, soft bread sticks, soft pretzels and corn bread	55 g
3.	Brownies	40 g
4.	Heavy weight cake: 10 g or more per 2.5 cm cube, such as cheese cake, pineapple upside-down cake, cake with at least 35% of the finished weight as fruit, nuts or vegetables, or any of these combined	125 g
5.	Medium weight cake: 4 g or more per 2.5 cm cube but less than 10 g per 2.5 cm cube, such as cake with or without icing or filling, cake with less than 35% of the finished weight as fruit, nuts or vegetables or any of these combined, light weight cake with icing, Boston cream pie, cupcakes, eclairs or cream puffs	80 g
6.	Light weight cake: less than 4 g per 2.5 cm cube, such as angel food, chiffon or sponge cake, without icing or filling	55 g
7.	Coffee cakes, doughnuts, danishes, sweet rolls, sweet quick-type breads and muffins	55 g
8.	Cookies, with or without coating or filling, and graham wafers	30 g
9.	Crackers, hard bread sticks and melba toast	20 g
10.	Dry breads, matzo and rusks	30 g
11.	Flaky type pastries, with or without filling or icing	55 g
12.	Toaster pastries	55 g
13.	Ice cream cones	5 g
14.	Croutons	7 g
15.	French toast, pancakes and waffles	75 g
16.	Grain-based bars, with filling or partial or full coating	40 g
17.	Grain-based bars, without filling or coating	30 g
18.	Rice cakes and corn cakes	15 g
19.	Pies, tarts, cobblers, turnovers and other pastries	110 g
20.	Pie crust	1/6 of 20 cm crust or 1/8 of 23 cm crust
21.	Pizza crust	55 g
22.	Taco shell, hard	30 g
	Beverages
23.	Carbonated and non-carbonated beverages, iced tea and wine coolers	355 mL
24.	Sports drinks and water	500 mL
25.	Coffee: regular, instant and specialty, including espresso, café au lait, flavoured and sweetened	175 mL
26.	Tea and herbal tea (a) regular and instant (hot) (b) flavoured and sweetened, prepared from mixes	175 mL 250 mL
27.	Cocoa and chocolate beverages (hot)	175 mL
	Cereals and Other Grain Products
28.	Hot breakfast cereals, such as oatmeal or cream of wheat	40 g dry 250 mL prepared
29.	Ready-to-eat breakfast cereals, puffed and uncoated (less than 20 g per 250 mL)	15 g
30.	Ready-to-eat breakfast cereals, puffed and coated, flaked, extruded, without fruit or nuts (20 g to 42 g per 250 mL), very high fibre cereals (with 28 g or more fibre per 100 g)	30 g
31.	Ready-to-eat breakfast cereals, fruit and nut type, granola (43 g or more per 250 mL) and biscuit type cereals	55 g
32.	Bran and wheat germ	15 g
33.	Flours, including cornmeal	30 g
34.	Grains, such as rice or barley	45 g dry 140 g cooked
35.	Pastas without sauce	85 g dry 215 g cooked
36.	Pastas, dry and ready-to-eat, such as fried canned chow mein noodles	25 g
37.	Starch, such as cornstarch, potato starch, tapioca starch or wheat starch	10 g
38.	Stuffing	100 g
	Dairy Products and Substitutes
39.	Cheese, including cream cheese and cheese spread, except those listed as a separate item	30 g
40.	Cottage cheese	125 g
41.	Cheese used as an ingredient, such as dry cottage cheese or ricotta cheese	55 g
42.	Hard cheese, grated, such as parmesan or romano	15 g
43.	Quark, fresh cheese and fresh dairy desserts	100 g
44.	Cream and cream substitute, except those listed as a separate item	15 mL
45.	Cream and cream substitute, powder	2 g
46.	Cream and cream substitute, aerosol or whipped	15 g
47.	Eggnog	125 mL
48.	Milk, evaporated or condensed	15 mL
49.	Plant-based beverages, milk, buttermilk and milk-based drinks, such as chocolate milk	250 mL
50.	Shakes and shake substitutes, such as dairy shake mix	250 mL
51.	Sour cream	30 mL
52.	Yogurt	175 g
	Desserts
53.	Ice cream, ice milk, frozen yogurt and sherbet	125 mL
54.	Dairy desserts, frozen, such as cakes, bars, sandwiches or cones	125 mL
55.	Non-dairy desserts, frozen, such as flavoured and sweetened ice or pops, or frozen fruit juices in bars or cups	75 mL
56.	Sundaes	250 mL
57.	Custard, gelatin and pudding	125 mL
	Dessert Toppings and Fillings
58.	Dessert toppings, such as maple butter and marshmallow cream	30 g
59.	Cake frostings and icings	35 g
60.	Pie fillings	75 mL
	Eggs and Egg Substitutes
61.	Egg mixtures, such as egg foo young, scrambled eggs or omelets	110 g
62.	Eggs	50 g
63.	Egg substitutes	50 g
	Fats and Oils
64.	Butter, margarine, shortening and lard	10 g
65.	Vegetable oil	10 mL
66.	Butter replacement, powder	2 g
67.	Dressings for salad	30 mL
68.	Mayonnaise, sandwich spread and mayonnaise-type dressing	15 mL
69.	Oil, spray type	0.5 g
	Marine and Fresh Water Animals
70.	Canned anchovies, anchovy paste and caviar	15 g2
71.	Marine and fresh water animals with sauce, such as fish with cream sauce or shrimp with lobster sauce	140 g cooked
72.	Marine and fresh water animals without sauce, such as plain or fried fish or shellfish, or fish or shellfish cakes, with or without breading or batter	125 g raw 100 g cooked
73.	Marine and fresh water animals, canned	55 g2
74.	Marine and fresh water animals, smoked or pickled, or spreads	55 g2
	Fruit and Fruit Juices
75.	Fruit, fresh, canned or frozen, except those listed as a separate item	140 g 150 mL canned2
76.	Candied or pickled fruit	30 g2
77.	Dried fruit, such as raisins, dates or figs	40 g
78.	Fruit for garnish or flavour, such as maraschino cherries	4 g2
79.	Fruit relishes	60 mL
80.	Avocado, used as an ingredient	30 g
81.	Cranberries, lemons and limes, used as ingredients	55 g
82.	Watermelon, cantaloupe, honeydew and other melons	150 g
83.	Juices, nectars and fruit drinks represented for use as substitutes for fruit juices	250 mL
84.	Juices, used as ingredients, such as lemon juice or lime juice	5 mL
	Legumes
85.	Bean curd (tofu) and tempeh	85 g2
86.	Beans, peas and lentils, such as white beans, kidney beans, romano beans, soybeans or chick peas	100 g dry 250 mL cooked or canned2
	Meat, Poultry, Their Products and Substitutes3
87.	Pork rinds and bacon	54 g uncooked 15 g cooked
88.	Beef, pork and poultry breakfast strips	30 g uncooked 15 g cooked
89.	Dried meat and poultry, such as jerky, dried beef or parma ham, as well as sausage products with a water activity of 0.90 or less, such as salami, dried thuringer or cervelat	30 g
90.	Luncheon meats, such as bologna, blood pudding, minced luncheon roll, liver sausage, mortadella, ham and cheese loaf or headcheese; pâté; sandwich spread; potted meat food product; taco fillings; meat pie fillings and cretons	75 g uncooked 55 g cooked
91.	Sausage products, such as linked sausage, Vienna sausage, wieners, breakfast sausage, frankfurters, pork sausage, bratwurst, kielbasa, Polish sausage, summer sausage, smoked sausage, smoked country sausage, pepperoni, knackwurst, thuringer or cervelat	75 g uncooked 55 g cooked
92.	Cuts of meat and poultry without sauce, and ready-to-cook cuts, with or without breading or batter, including marinated, tenderized and injected cuts	125 g raw 100 g cooked
93.	Patties, cutlettes, chopettes, steakettes, meatballs, sausage meat and ground meat, with or without breading or batter	100 g raw 60 g cooked
94.	Cured meat products, such as cured ham, dry cured ham, back bacon, cured pork back, dry cured cappicolo, corned beef, pastrami, country ham, cured pork shoulder picnic, cured poultry ham products, smoked meat or pickled meat	85 g raw 55 g cooked
95.	Canned meat and poultry	55 g2
96.	Meat and poultry with sauce, such as meat in barbecue sauce or turkey with gravy, but excluding combination dishes	140 g
	Miscellaneous
97.	Baking powder, baking soda and pectin	0.6 g
98.	Baking decorations, such as coloured sugars or sprinkles for cookies	4 g
99.	Bread crumbs and batter mixes	30 g
100.	Cooking wine	30 mL
101.	Cocoa powder	5 g
102.	Non-alcoholic drink mixers, such as pina colada or daiquiri	250 mL
103.	Chewing gum	3 g
104.	Salad and potato toppers, such as salad crunchies, salad crispins or substitutes for bacon bits	7 g
105.	Salt and salt substitutes, as well as seasoned salt, such as garlic salt	1 g
106.	Spices and herbs	0.5 g
	Combination Dishes
107.	Measurable with a cup, such as casserole, hash, macaroni and cheese with or without meat, pot pie, spaghetti with sauce, stir fry, meat or poultry casserole, baked or refried beans, wieners and beans, meat chili, chili with beans, creamed chipped beef, beef or poultry ravioli in sauce, beef stroganoff, poultry à la king, Brunswick stew, goulash, stew, ragout or poutine	250 mL
108.	Not measurable with a cup, such as burritos, egg rolls, enchiladas, pizza, pizza rolls, sausage rolls, pastry rolls, cabbage rolls, quiche, sandwiches, crackers and meat or poultry lunch-type packages, gyros, burger on a bun, frank on a bun, calzones, tacos, pockets stuffed with meat, lasagna, chicken cordon bleu, stuffed vegetables with meat or poultry, shish kabobs, empanadas, fajitas, souvlaki, meat pie or tourtière	140 g without gravy or sauce 195 g with gravy or sauce
109.	Hors d'oeuvres	50 g
	Nuts and Seeds
110.	Nuts and seeds, not for use as snacks: whole, chopped, sliced, slivered or ground	30 g shelled
111.	Butters, pastes and creams, other than peanut butter	30 g
112.	Peanut butter	15 g
113.	Flours, such as coconut flour	15 g
	Potatoes, Sweet Potatoes and Yams
114.	French fries, hash browns, skins and pancakes	85 g frozen French fries 70 g prepared
115.	Mashed, candied, stuffed or with sauce	140 g
116.	Plain, fresh, canned or frozen	110 g fresh or frozen 125 g vacuum packed 160 g canned2
	Salads
117.	Salads, such as egg, fish, shellfish, bean, fruit, vegetable, meat, ham or poultry salad, except those listed as a separate item	100 g
118.	Gelatin salad	120 g
119.	Pasta or potato salad	140 g
	Sauces, Dips, Gravies and Condiments
120.	Sauces for dipping, such as barbecue, hollandaise, tartar, mustard or sweet and sour sauce	30 mL
121.	Dips, such as legume or dairy-based	30 g
122.	Major main entree sauce, such as spaghetti sauce	125 mL
123.	Minor main entree sauce, such as pizza sauce, pesto sauce or other sauces used as toppings, such as white sauce, cheese sauce, salsa, cocktail sauce or gravy	60 mL
124.	Major condiments, such as ketchup, steak sauce, soy sauce, vinegar, teriyaki sauce or marinades	15 mL
125.	Minor condiments, such as horseradish, hot sauce, mustard or worcestershire sauce	5 mL
	Snacks
126.	Chips, pretzels, popcorn, extruded snacks, grain-based snack mixes and fruit-based snacks, such as fruit chips	50 g
127.	Nuts or seeds for use as snacks	50 g shelled
128.	Meat or poultry snack food sticks	20 g
	Soups
129.	All varieties	250 mL
	Sugars and Sweets
130.	Candies, including chocolate bars and other chocolate products, except those listed as a separate item	40 g
131.	Hard candies, except those listed as a separate item	15 g
132.	Baking candies, such as chocolate chips	15 g
133.	Breath mints	2 g
134.	Roll-type hard candies and mini size hard candies in dispenser packages	5 g
135.	Confectioner's or icing sugar	30 g
136.	Bread spreads, except those listed as a separate item, honey and molasses	20 g
137.	Jams, jellies, marmalades, fruit butters and spreads	15 mL
138.	Marshmallows	30 g
139.	Sugars, except those listed as a separate item	4 g
140.	Sugar substitute	amount equivalent in sweetness to 4 g of sugar
141.	Syrups, including chocolate, maple and corn syrup	30 mL as ingredient 60 mL other uses
	Vegetables
142.	Vegetables without sauce, including cream style corn and stewed tomatoes, but not including vegetables without sauce listed as a separate item	85 g fresh or frozen 125 mL canned2
143.	Vegetables with sauce	110 g fresh or frozen 125 mL canned
144.	Vegetables primarily used for garnish or flavouring, fresh, canned or frozen, but not dried, such as parsley or garlic	4 g
145.	Chili pepper and green onion	30 g
146.	Seaweed	15 g
147.	Lettuce and sprouts	65 g
148.	Vegetable juice and vegetable drink	250 mL
149.	Olives	15 g2
150.	Pickles	30 g2
151.	Relish	15 mL
152.	Vegetable pastes, such as tomato paste	30 mL
153.	Vegetable sauce or purée, such as tomato sauce or tomato purée	60 mL

¹ Unless otherwise noted, the reference amounts are for the ready-to-serve or almost ready-to-serve form of the food. If not listed separately, the reference amount for the unprepared form, such as dry mixes, concentrates, dough, batter, and fresh or frozen pasta, is the amount required to make one reference amount of the prepared form.

² Excludes any liquid in which the solid food may be packed or canned, unless the liquid is customarily consumed with the solid food.

³ Meat and poultry substitutes include extended and simulated meat and poultry products.

TRANSITIONAL PROVISION

38. (1) The following definitions apply in this section.

"former Regulations" means the Food and Drug Regulations as they read immediately before the day on which these Regulations come into force. (règlement antérieur)

"manufacturer" has the same meaning as in section A.01.010 of the Food and Drug Regulations. (fabricant)

"prepackaged product" has the same meaning as in section B.01.001 of the Food and Drug Regulations. (produit préemballé)

(2) Despite sections 1 to 37 and subject to subsection (3), the former Regulations continue to apply to a prepackaged product that is labelled in accordance with the former Regulations until the day that is three years after the day on which these Regulations come into force, unless the label of the product, or any advertisement for the product that is made or placed by or on the direction of the manufacturer of the product, contains

• (a) a statement or claim set out in column 4 of any of items 15, 16 and 22 to 26 of the table following section B.01.513 of the Food and Drug Regulations, as enacted by section 20 of these Regulations;
  (b) a statement or claim set out in column 1 of the table following section B.01.603 of the Food and Drug Regulations, as enacted by section 20 of these Regulations; or
  (c) the expression "nutrition facts", "valeur nutritive" or "valeurs nutritives".

(3) In applying subsection (2) to a prepackaged product that is sold by a manufacturer who had gross revenues from sales in Canada of food of less than $1,000,000 for the 12-month period immediately prior to the day on which these Regulations come into force, the reference to "three years" in that subsection shall be read as a reference to "five years".

COMING INTO FORCE

39. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Scientific evidence supports the important role of diet in modifying the risk of developing a diet-related chronic disease. Consumers are also increasingly interested in selecting a nutritious diet to maintain or improve their health. In order to prevent injury to the health of consumers and provide the information required to achieve this goal, the Food and Drug Regulations are amended to include new and updated requirements in three inter-related sets of regulatory provisions:

- mandatory nutrition labelling on prepackaged foods;

- changes to criteria for nutrient content claims; and

- conditions and criteria for diet-related health claims.

Eating patterns of many Canadians contribute to the high incidence of nutrition-related chronic diseases and conditions, including coronary heart disease, diabetes, osteoporosis, obesity and cancer, which result in premature death and disability for many people each year. The role of appropriate food choices and a healthy lifestyle is significant in reducing the incidence of these multi-factorial diseases. Diet and activity patterns are second only to tobacco when considering non-genetic factors that contribute to mortality. Food choices of many Canadians may result in inadequate intakes of some essential nutrients and excessive intakes of energy (calories), fat and saturated fat. A well nourished population is healthier and more productive with lower health care and social costs and a better quality of life. These regulatory amendments will provide Canadians with information to prevent injury to their health by helping them make appropriate food choices.

In many studies, Canadian shoppers identified food product labels as a valuable source of nutrition information among a list of sources. It is recognized that the list of ingredients, current nutrition labelling, nutrient content claims and biological role (nutrient function) claims all provide information about nutrients to consumers. Furthermore, label use as a source of nutrition information is increasing. In 1997, 71% of those who did most of the grocery shopping reported using product labels as a source of nutrition information compared to 64% in 1991. Of these 64% of Canadian shoppers, 71% reported using the nutrition information on the label when comparing products, and 46% when making first-time purchases (National Institute of Nutrition [NIN, 1997]; Reid and Hendricks, 1993).

However, a number of Canadian studies carried out between 1995 and 1997 indicated considerable consumer dissatisfaction with the nutrition information available on food labels in Canada. Complaints were registered about the complexity of terms, lack of clarity, and difficulty in understanding nutrition terms on food labels, as well as legibility (NIN, 1997; Consumerline Canada, Food and Consumer Products Manufacturers of Canada [FCPMC], 1996). In 1999, Nutrition Labelling: Perceptions and Preference of Canadians, a report on consumer research on nutrition labelling conducted by Canadian Facts and coordinated by the NIN for Health Canada and other stakeholders, confirmed that nutrition plays a key role in the foods Canadians choose to eat. The study reported that 90% of respondents view nutrition as extremely, very or quite important in the selection of foods; 71% in-dicated that the nutrition-related information on food packages plays an important role in their purchase decisions; and 70% claimed to refer to the nutrition information panel often or sometimes (NIN, 1999).

In 1993, the implementation of the Nutrition Labeling and Education Act (NLEA) of 1990 in the United States (US), made nutrition labelling mandatory on virtually all prepackaged foods sold to consumers in that country. Studies conducted before and after the NLEA implementation demonstrate the change that has taken place in the role of food labels as a factor in food selection. In 1990, 30% of consumers indicated that in the last two weeks they had changed their minds about buying or using a food product because they read the nutrition label. By November 1995, 48% said they had changed their minds, a relative increase of over 50% (Levy and Derby, 1996). In addition, US data indicate that some manufacturers reformulated food products to improve nutrient profiles on the Nutrition Facts panel, thereby providing more nutritious products which meet the criteria for claims.

Based on extensive multi-sectoral policy review and development, and stakeholder consultation activities, Health Canada announced in 2000 that a system similar to that of the US would be introduced in Canada through amendments to the Food and Drug Regulations. These amendments would mandate the provision of more complete nutrition information on the labels of prepackaged foods, update and consolidate permitted nutrient content claims, and introduce, as warranted by current scientific evidence, a new regulatory framework and process for diet-related health claims.

Canadian consumers responded favourably to both the announced intent in 2000 and to the pre-publication of the proposed amendments in the Canada Gazette, Part I, on June 16, 2001. Based on the comments received as a result of pre-publication and subsequent meetings with stakeholder groups, a number of adjustments to the proposed amendments have been made and the final regulatory framework is detailed in the sections below. Specific comments on various aspects of the proposals were received. Discussions with some groups focused on foods which should be exempted from the nutrition labelling requirements, the format specifications, and the transition period. A few on-site visits (e.g., a centralized facility for the preparation of food for institutional use, small and in-store bakeries) were conducted. Surveys of food products at retail were carried out to gather additional information to support the final amendments. Advice was sought from a literacy expert, and design and communication firms. A summary of the salient changes was made available on Health Canada's Website and distributed to interested parties.

NUTRITION LABELLING

Nutrition labelling refers to the standardized presentation of the nutrient content of a food. Nutrition labelling requirements include the declaration of the energy value and nutrient content as well as format considerations.

Nutrition labelling guidelines were introduced in Canada in 1988, concluding a process that was started in 1983. Application of the system, in whole or in part, was voluntary, with a few exceptions. The Guidelines on Nutrition Labelling (Food Directorate Guideline No. 2, November 30, 1989) governed format, nutrient content information (core list and optional nutrients), and a declaration of serving size. Once applied, the nutrient declaration had to comply with the Food and Drug Regulations, which stipulated nomenclature, units of measurement, and expression on a per serving basis.

The Summary Report of the Scientific Review Committee and the Communications/Implementation Committee, Nutrition Recommendations: A Call for Action, released in 1990 by Health Canada, included specific recommendations with respect to food labelling:

- "Expand the use of voluntary nutrition labelling to as many products as possible".

- "Promote products on their nutritional benefits, using Canada's Guidelines for Healthy Eating to encourage customers to read nutrition labels".

- "Use labels and advertising to recommend smaller portions of high-fat foods".

- Government should "monitor the effectiveness of a nutrition labelling program in assisting the public to act on Canada's Guidelines for Healthy Eating. Revise as needed".

Subsequently, in 1996, Canada's national plan of action for nutrition, "Nutrition for Health: An Agenda for Action", identified key strategies to reduce health risks to Canadians. Food was recognized as an important environmental influence on nutritional health and well-being. The report noted that dietary practices, which assist in reducing the risk of developing chronic diseases, would be strengthened if food were labelled to facilitate informed choice. Food label information, its availability, and consumer understanding, all contribute to the individual's capacity to adopt eating habits that reduce health risks. Improving the usefulness of nutrition labelling, increasing its availability, and broadening public education on its use, were some of the key actions identified.

Objectives for Nutrition Labelling in Canada

The new regulations on nutrition labelling aim at preventing injury to the health of Canadians, including those with special dietary needs, by providing product-specific nutrient information to assist in making informed food choices. The objectives of these Regulations are:

- To enable consumers to make appropriate food choices in relation to reducing the risk of developing chronic diseases and permitting dietary management of chronic diseases of public health significance.

- To encourage the availability of foods with compositional characteristics that contribute to diets that reduce the risk of developing chronic diseases.

- To advance compatibility with the US system and further work towards mutual acceptance by Canada and the US of their respective nutrition labelling requirements.

- To provide a system for conveying information about the nutrient content of food in a standardized format which allows for comparison among foods and prevents consumers' confusion in respect of the nutrient value and composition of a food at point of purchase.

Description of the Nutrition Labelling Regulations

Core List and Optional Nutrients

The Food and Drug Regulations require the mandatory declaration of energy value (Calories) and 13 core nutrients (fat, saturated fat, trans fat, cholesterol, sodium, carbohydrate, fibre, sugars, protein, vitamin A, vitamin C, calcium and iron) presented in the Nutrition Facts table. The Regulations address the method for expressing the energy value and nutrients and the format of the table.

In addition to the core list, other specified nutrients may be declared in the Nutrition Facts table. A declaration of any one of the three groups of fatty acids, monounsaturates, omega-6 or omega-3 polyunsaturates, triggers the declaration of all three. The declaration of total polyunsaturates is only permitted if followed by a declaration of omega-6 and omega-3 polyunsaturates. Any vitamin or mineral nutrient added to the food must be declared, as must any nutrient that is the subject of a claim. Nutrients not specified for mandatory or optional inclusion in the table may be declared elsewhere on the label.

Foods Subject to Nutrition Labelling Requirements

In general, the nutrition labelling requirements apply to prepackaged foods. Therefore, foods prepared in restaurants or other food service establishments for immediate consumption are excluded from the scope of the regulations pertaining to nutrition labelling.

A number of categories of prepackaged foods are specifically exempted from these requirements. As a result of comments and additional consultation following pre-publication of the proposed amendments, the final exemptions now include:

Unchanged exempted categories:

- beverages with an alcohol content of more than 0.5%;

- fresh fruit and vegetables or any combination thereof;

- raw single ingredient meat, poultry, and their by-products, except for ground meat and ground poultry;

- raw single ingredient marine and freshwater animals products; and

- foods containing insignificant amounts of the 13 mandatory nutrients defined as a declaration of zero in the Regulations.

Modified exempted categories:

- food products sold only in the retail establishment where they are prepared or processed from their ingredients or from pre-mixes, except in the case where only water is added to the pre-mixes; bread and bakery products that are prepared centrally and shipped to the retailer for baking will not be exempted; and

- individual servings of food intended for immediate consumption that have not been subjected to a process, including special packaging, to extend their shelf life; examples include ready-made sandwiches which are not subjected to modified atmosphere packaging and are sold in refrigerated counters, canteens or vending machines.

Five additional exempted categories are:

- prepackaged individual portions of food, solely intended to be served by a restaurant or other commercial enterprise with meals and snacks, such as condiments, spreads and sweeteners (packages are too small to carry a Nutrition Facts table);

- prepackaged "one bite" confections that are sold individually (packages are too small to carry a Nutrition Facts table);

- fluid milk, including goat's milk, and cream sold in refillable glass bottles;

- foods sold only at road-side stands, craft shows, flea markets, fairs, farmers' markets and sugar bushes by the person who processed and prepared the product; and

- foods packaged at retail and labelled by means of stickers where the available display surface of the package is less than 200 square centimetres (cm^₂).

Although originally included as an exemption, the category of foods packaged at the time of sale to the consumer has been deleted as such foods are not considered to be prepackaged foods. In addition, infant formulas (human milk substitutes), foods represented as containing an infant formula, formulated liquid diets, meal replacements, nutritional supplements and foods for use in very low energy diets are outside the scope of these Regulations pertaining to nutrition labelling since specific labelling requirements for these foods already exist in the Food and Drug Regulations.

Business size has been considered in the determination of the transitional period after the coming into force of these Regulations. The transitional period provided for small businesses to comply with the new Regulations is increased to five (5) years from the proposed three (3) years. For the remainder of the food industry, the transitional period has been increased from two (2) years to three (3) years. A manufacturer who had gross revenues from sales of food in Canada of less than $1,000,000 in the 12 month period prior to the coming into force of these Regulations will benefit from the longer transitional period of 5 years.

The exemptions from nutrition labelling and the extended transitional period should alleviate the impact on small businesses and assist such enterprises in complying with the regulations. In addition, before the end of the transitional period, industry will be encouraged to develop nutrient data sources and related software and analytical capacity that are needed to generate the Nutrition Facts table. Health Canada will assist in providing guidance and expertise.

A prepackaged food loses its exempt status if its label or any advertisements for it contain: a statement or claim about its nutrient content, including a nutrient content claim; a representation about a particular nutritional or health related property, including a diet-related health claim or a biological role claim; or, a health-related name, statement or logo. A prepackaged food also loses its exempt status if it contains added vitamins or mineral nutrients or intense sweeteners, such as aspartame, sucralose or acesulfame-potassium.

One bite confections and individual portions of food solely intended to be sold by restaurants with meals or snacks, are exceptions to the above conditions for losing exempt status.

Format

The figures set out in Schedule L to the Regulations present the minimum specifications for the various Nutrition Facts table formats. The specifications are described in the following paragraphs.

The term "available label space" has been changed to "available display surface" to better describe the intent of the term. The definition of available display surface has been modified to provide additional flexibility in the placement of the Nutrition Facts table. The definition has been expanded to include the bottom of the package, provided that the package does not leak or that the food it contains is not damaged when the package is turned over. Similarly, if the contents of a package can reasonably be consumed by one person at a single eating occasion, the Nutrition Facts table may be presented on a part of the package that is intended to be destroyed when it is opened. In addition, the area occupied by the Universal Product Code (UPC) is not considered part of the available display surface.

Consultations with literacy experts, consumer advocates, and the design and packaging industry, have confirmed that when different designs or formats for the presentation of nutrition labelling information are used, consumers often have difficulty finding and understanding the information. A consistent standardized format for the Nutrition Facts table would improve legibility and understandability of the nutrition information, increasing its effective use for product choice. The standard (i.e., vertical) format (All Figures 1, 2, 3, 20, 21 and 22) for the Nutrition Facts table has been consistently identified, based on comments received and further consultations, as the easiest and fastest to read and use, and the linear format (All Figures 16 and 31) as the most difficult to read and understand. Literacy experts and consumer advocacy groups advised that the use of the linear format should be restricted. Therefore, the Regulations contain criteria to maximize the use of the standard format for the Nutrition Facts table and to minimize the use of the linear format. The Regulations require that the standard format (All Figures 1, 2, 3, 20, 21 and 22) for the Nutrition Facts table be used whenever the available display surface allows, regardless of the orientation of the table. The manufacturer may choose among three different standard formats, i.e., two separate English and French tables (All Figures 1 (E) and (F) and 20 (E) and (F)), narrow versions of these tables (All Figures 2 (E) and (F) and 21 (E) and (F)) and a single table with French and English (All Figures 3 (B) and 22 (B)). The Regulations include minimum specifications for type size and spacing for each of these formats.

For prepackaged foods, other than those packaged at retail, which have 100 cm^₂ or more of available display surface, the choice of format to be used on the package is governed by a 15% requirement i.e., the Regulation does not require that more than 15% of the available display surface has to be made available for the presentation of the Nutrition Facts table. It may happen that some manufacturers may choose to use more than 15% of the label space if they wish. On the other hand, it is possible that all the basic format options presented in the Regulations may require more than 15% of available space. In this instance, the manufacturer is directed toward the use of other format options. These options include a linear format (All Figures 16 (E) and (F) and 31 (E) and (F)), 3 versions of the bilingual standard and bilingual horizontal formats with reduced leading (Figures 3.5 (B), 3.6 (B), 3.7 (B), 22.5 (B), 22.6 (B), 22.7 (B), 4.3 (B), 4.4 (B), 4.5 (B), 23.3 (B) and 23.4 (B)) or alternative methods of presentation such as the use of the inner side of the label, a fold-out label, an overwrap, a collar, a sleeve, a package insert or a tag attached to the package. The reduced versions were developed after consultation with the industry to provide more flexibility.

Prepackaged foods, other than those packaged at retail, which have less than 100 cm^₂ of available display surface, are not required to display a Nutrition Facts table except in circumstances such as when a claim is made or nutrients are added to the food. However, they must provide an indication of how consumers may obtain the information, i.e., toll-free number or postal address. The minimum type size for the referral statement as well as the toll-free number or address has been changed from 6 point to 8 point type because of legibility problems for persons with presbyopia or impaired vision.

The 15% requirement introduces more flexibility than a fixed cut-off point by taking into consideration the space needed in the table for any mandatory information, including the declaration of added nutrients or nutrients that are the subject of a claim. The 15% requirement also includes consideration of the space needed for the declaration of the nutrient content for the food "as prepared". If displaying one of the preferred formats of the Nutrition Facts table requires more than 15% of the available display surface or cannot be accommodated on any continuous surface of the package, the format size may be reduced according to a specified hierarchy.

If the available display surface allows, the Regulations require the use of the standard format with a minimum 8 point normal width font (Figures 1.1 (E) and (F), 2.1 (E) and (F), 3.1 (B), 20.1 (E) and (F), 21.1 (E) and (F) and 22.1 (B)). If there is insufficient available display surface to accommodate a standard format in an 8 point normal width font, the Regulations allow a progressive reduction in type size down to a 6 point condensed font (Figures 1.5 (E) and (F), 2.4 (E) and (F), 3.4 (B), 20.5 (E) and (F), 21.4 (E) and (F) and 22.4 (B)). On smaller packages where the printing process allows good definition (i.e., characters do not touch each other or the rules), a standard format (Figures 1.4 (E) and (F), 1.6 (E) and (F), 20.4 (E) and (F) and 20.6 (E) and (F)) presenting nutrient information in a 7 or a 6 point condensed font with reduced leading may be used. It is recognized that 6 point type is not as legible as larger typefaces for those with age-related visual impairment (presbyopia) or impaired vision, so the Regulations specify criteria to minimize its use.

The use of a bilingual horizontal format (All Figures 4 (B) and 23 (B)) is allowed when none of the versions of the standard format can be accommodated on 15% or less of the available display surface or on any continuous surface of the package in any orientation. With the horizontal format, the eye must travel down and up, then across, and the nutrients are not seen in the same predictable order in reading from left to right, as with the standard format. Searching for a particular item is more difficult with the horizontal format. Therefore its use is limited. The Regulations provide for the use of a bilingual horizontal format in 7 point condensed font (Figures 4.1 (B) and 23.1 (B)), or in 6 point condensed font (Figures 4.2 (B) and 23.2 (B)) if the former cannot be accommodated. No provision is made for the use of unilingual English and French horizontal formats because this offers no space saving over the use of the standard format.

The use of unilingual English and French tables in the linear format (All Figures 16 (E) and (F) and 31 (E) and (F)) has been retained as an option because it is considered more important to have the nutrition information displayed in a linear format than not to have it displayed at all, and the linear format is the only format that will fit some packages. No provision is made for the use of a bilingual linear format because it greatly compromises readability. Information presented in a bilingual linear format is perceived as illogical and unpredictable and forces the reader to make judgements about the relevance of the information.

If a prepackaged food is one that must be prepared according to directions provided on the package, or combined with other ingredients or cooked before consumption, the Regulations provide for the use of the dual format — foods requiring preparation (All Figures 8 (E) and (F) and 9 (B)) for the Nutrition Facts table. The simplified format i.e., standard, bilingual standard, horizontal and linear (All Figures 5 (E) and (F), 6 (B), 7 (B), 17 (E) and (F), 24 (E) and (F), 25 (B), 26 (B) and 32 (E) and (F)) is used if 7 of the nutrients and energy in the core information may be expressed as "0". The aggregate format — different kinds of foods (All Figures 10 (E) and (F), 11 (B), 27 (E) and (F) and 28 (B)) is used to display nutrient information on individual items contained in a prepackaged product where the product contains separately packaged ingredients or foods or if the product is an assortment. The dual format — different amounts of foods (All Figures 12 (E) and (F) and 13 (B)) and aggregate format — different amounts of foods (All Figures 14 (E) and (F), 15 (B), 29 (E) and (F) and 30 (B)) are also options to display the information on the basis of different serving sizes or amounts of a food. In the case of separately packaged foods that are nutritionally identical products and are prepackaged as an assortment, a single set of Nutrition Facts values is required (All Figures 1, 2, 3, 4, 16, 20, 21, 22 and 31). In the case of assortments of foods where a typical serving consists of more than one kind of food (e.g., assortment of chocolates), manufacturers have the option of displaying Nutrition Facts information as a composite value (All Figures 1, 2, 3, 4, 16, 20, 21, 22 and 31).

Provision is made for the use of the simplified (All Figures 5 (E) and (F), 6 (B), 7 (B), 17 (E) and (F), 24 (E) and (F), 25 (B), 26 (B), 32 (E) and (F)), dual (All Figures 8 (E) and (F), 9 (B), 12 (E) and (F) and 13 (B)) and aggregate formats (All Figures 10 (E) and (F), 11 (B), 14 (E) and (F), 15 (B), 27 (E) and (F), 28 (B), 29 (E) and (F) and 30 (B)). It now follows a similar hierarchy based on the 15% requirement with a minimized use of the 6 point type for the same reasons as stated above.

Foods packaged at retail and labelled by means of stickers, such as salads, cheeses and cold cut luncheon meats which have less than 200 cm^₂ of available display surface are not required to display a Nutrition Facts table except in circumstances when a claim is made or nutrients are added to the food. However, where the available display surface of such packages is 200 cm^₂ or more, a Nutrition Facts table is required. A bilingual standard format (Figures 3.3 (B) and 22.3 (B)) with a 7 point condensed font must be used, as a minimum, to display the Nutrition Facts table without having to consider the 15% requirement.

The number of abbreviations permitted has been reduced because individuals with low literacy and numeracy skills have difficulty interpreting abbreviations. Provisions for the use of "%" and "%DV" are maintained when the term, %Daily Value, is provided in the Nutrition Facts table. The only other abbreviation permitted is "Vit" for vitamin because it is highly recognizable by consumers.

To enhance the readability of the Nutrition Facts table, there must be significant contrast between the print and the background. The use of reverse print, where the text appears in a light colour on a dark background, is not permitted as it is very difficult to read. The choice of print colours has been limited to the darkest tones equivalent to 100% solid black tint on a white background or on a neutral background with a maximum 5% tint of colour.

The Regulation concerning prepackaged food products intended solely for use as ingredients in the manufacture of other foods has been revised because the information accompanying such products is not provided directly to the consumer. The revised Regulation allows for printed nutrition information to accompany the product rather than be attached directly to the product. No format is specified for the information, but the required nutrition information must be provided in absolute amounts. The number of significant figures will be determined by the accuracy of the analytical method.

The nutrition information for multi-serving ready-to-serve prepackaged products for institutional use that are not intended to be sold directly to the consumer may accompany the product rather than be attached to the product. The required nutrition information must include the same information that is required for prepackaged food products that are sold directly to the consumer. However, if these products are also sold at retail directly to consumers, they must carry the Nutrition Facts table on their labels.

Changes to Specific Nutrition Facts Table Elements

Rounding rules for the declaration of nutrients in the Nutrition Facts table have been adjusted to avoid a total fat declaration of zero accompanied by a declaration of an amount of saturated and trans fats other than "0". This is a situation that would have been confusing for consumers. Therefore, total fat may not be rounded to "0" unless the amounts of all fat constituents, including saturated fatty acids and trans fatty acids, are declared as "0".

Provision has been made for the optional declaration of cholesterol as %DV in consideration of public health and consumer needs. In the Canada Gazette, Part I, it was proposed that cholesterol would be declared in the Nutrition Facts table only in milligrams and not as %DV. The expression of nutrients as a percentage of a Daily Value assists consumers in understanding the relative significance of the amount of a nutrient in the food and in making informed decisions about their health. Most consumers seeking to reduce risk of developing heart disease will need the % DV on the label in order to assess the cholesterol content of foods. Without the Daily Value, only those individuals on cholesterol-reduced diets would be able to make meaningful choices. A report of the Institute of Medicine, US National Academy of Sciences released in 2002, reinforces the importance of limiting cholesterol in the diet. It has therefore been decided to include the optional declaration of % DV for cholesterol in the Nutrition Facts table.

The DV for cholesterol in the Nutrition Facts table is 300 mg which is in line with the recommendations for a healthy lifestyle in the Report of the Working Group on Hypercholesterolemia and Other Dyslipidemias (Canadian Medical Association Journal, 2000) and the Heart Healthy Diet Guidelines of the US National Cholesterol Education Program (2001).

In addition, changing the regulations of not permitting the declaration of % DV for cholesterol in the Nutrition Facts table to permit an optional declaration is also supported by the large number of comments which indicated that not permitting a declaration of the % DV for cholesterol would be a technical barrier to trade with the US.

Changes to Schedule M Reference Amounts

Changes to reference amounts for certain prepackaged foods have been made as the result of a survey of sizes of single serving containers currently available in the marketplace. The revised reference amounts are as follows:

- from 250 mL to 355 mL for carbonated beverages and non-carbonated beverages;

- from 30 g to 50 g for the snack foods category (chips, pretzels, popcorn, nuts, etc.);

- from 250 mL to 500 mL for water;

- from 30 to 40 g for grain-based bars with coating or filling; however, the 30 g value is maintained for grain-based bars without coating or filling; and

- from 55 g to 60 g for patties, burgers, cutlettes, chopettes, steakettes, meatballs, sausage toppings and ground beef on a »cooked » basis.

A number of adjustments to units and reference amounts were made to maintain consistency with the Consumer Packaging and Labelling Act and Regulations and address comments received. For example, frozen dairy desserts such as bars, sandwiches and cones now have a reference amount of 125 mL instead of 85 g, and a new reference amount of 50 g was introduced for hors d'oeuvres.

Consequential Amendments

The nutrition labelling regulations also give rise to a number of consequential amendments in the Food and Drug Regulations relating to meat and poultry containing added phosphate and water, foods containing aspartame, sucralose, polydextrose and acesulfame-potassium, and a number of foods for special dietary use. The specific nutrition labelling requirements for these foods have been deleted from the current Regulations and they will now be subject to the nutrition labelling regulations. The content of sugar alcohols, where added, must be declared in the Nutrition Facts table whereas the content of polydextrose, aspartame, sucralose and acesulfame-potassium will be presented outside the table.

NUTRIENT CONTENT CLAIMS

A nutrient content claim is a claim that describes the amount of a nutrient in a food. Certain nutrient content claims, "calorie reduced", "low calorie", "carbohydrate-reduced", "free of sugars", and "low sodium", have been regulated as claims for foods for special dietary use since 1974. In 1988, the Food and Drug Regulations were amended to include compositional and labelling criteria for a number of nutrient content claims such as "low fat" and "cholesterol-free". Compositional and labelling criteria for other nutrient content claims such as "fat free", "calorie free" and "sodium free", and for a number of comparative nutrient content claims (e.g., "reduced", "less", "light") that were originally described in the Guide to Food Labelling and Advertising, published by the Canadian Food Inspection Agency (CFIA), have been incorporated in the Food and Drug Regulations.

Objectives for Nutrient Content Claims in Canada

The amended Regulations aim to ensure that nutrient content claims for foods:

- enable consumers to make informed dietary choices in order to prevent injury to health;

- are consistent and not deceptive;

- are based on recognized health and scientific criteria; and

- take into account economic and trade considerations where possible and when not in conflict with health and safety criteria.

Description of the Nutrient Content Claims Regulations

The Regulations pertaining to nutrient content claims apply to all foods, prepackaged and non-prepackaged, whether sold to the trade or at retail or at restaurants and other food service establishments. These Regulations define a closed list of nutrient content claims, regulate their compositional criteria and set out specific labelling requirements. The use of alternative terminology (synonyms) for nutrient content claims is restricted and permitted synonyms are listed in the Regulations. Only the terms that are listed can be used.

The compositional criteria for nutrient content claims are based on regulated standardized reference amounts for foods as well as servings of stated size. The reference amounts are derived from the average quantities of foods consumed at single eating occasions. Their use ensures a uniform basis for claims for any specific category of food. Criteria for "low" claims also include a criterion based on 50 g for foods with reference amounts of 30 g or 30 mL or less. For example, a cracker described as "low in fat" may not contain more than 3 g of fat per 50 g even if the serving size was 35 g and its reference amount is 20 g.

The 50 g criterion does not apply to the claim "low in saturated fatty acids" since this claim already includes an additional criterion on the basis of energy from saturated and trans fatty acids. For example, a salad oil described as "low in saturated fat" may not contain more than 2 g saturated plus trans fatty acids combined per reference amount of 10 mL and not more than 15 % of energy (calories) from saturated and trans fatty acids combined.

Salient features of the regulations for nutrient content claims include the following:

- "Free" claims are based on amounts of nutrients that are nutritionally insignificant or trivial in relation to current dietary recommendations.

- Modifiers of the term "low" to denote that the food contains an amount that is lower than low (e.g., "very low" or "ultra low") are not permitted.

- The claim "(naming the percent) fat-free" is allowed if accompanied by the statement "low fat" or" low in fat".

- The criteria for claims concerning saturated fatty acids include a restriction on levels of saturated and trans fatty acids.

- Claims are permitted for trans fatty acids and omega-6 and omega-3 polyunsaturated fatty acids.

- The nutrient content claim "light" is allowed only for foods that meet the criteria for either "reduced in fat" or "reduced in energy".

- The sensory characteristic claim "light", or any variations of this word, must be preceded or followed by information about the sensory characteristic (e.g., light in colour or texture), described in a type size not less than that of the claim.

- The claim "source of energy" has been included because this claim is currently defined in the Guide to Food Labelling and Advertising.

- The claims "calorie-reduced", "low calorie", "free of sugars" and "low in sodium or salt" are no longer restricted to foods for special dietary use.

- The terms "diet" or "dietetic" are restricted to foods for special dietary use that meet the criteria for and are labelled as "free", "low", "reduced" or "lower" in energy/calories or "free of sugars".

- The only nutrient content claims that are permitted for foods for children under 2 years of age are those respecting protein, except "low in protein", and the claims "no added sodium or salt" and "no added sugar", and

- A representation that characterizes the amount of starch in foods for children under 2 years of age is allowed on the label or in any advertisement of such foods, reflecting current practice.

To permit the continued use of existing claims, criteria have been included for the following claims:

- "more energy"

- "low in protein"

- "no added fat"

- "lean" (for meats, poultry and fish other than ground meats; and, for claims in the English language, prepackaged meals represented for use in a weight reduction diet or a weight maintenance diet)

- "extra lean" (for meats, poultry and fish other than ground meats).

In addition, the Regulations do not change the current requirement that foods, except chewing gum, must meet the compositional criteria for "free of energy" to be eligible for the "free of sugars" claim.

A nutrient content claim is more credible and accurate when based on a reference amount that consumers most frequently purchase and consume. As reported above, the reference amounts for carbonated and non-carbonated beverages and snack foods were increased to reflect single serving sizes currently on the market.

The specific reference to "main dish entree for which no reference amount exists" has been removed from the conditions for nutrient content claims. Whereas a "prepackaged meal" is defined in the Regulations, a "main dish entree" is not, and the common use of the term "entree" is inconsistent. The category "combination dishes" (formerly "mixed dishes") in the list of reference amounts in Schedule M encompasses products that would be considered main dish entrees. The US regulations define a "meal product" as well as a "main dish product". The latter is equivalent to the definition of a "prepackaged meal" in the Food and Drug Regulations in terms of the numbers of servings from different food groups.

The criteria and conditions for several claims have been reworded to clarify the intent and take into account current practice. The criteria for the claim regarding "no added sodium or salt" ensure that sodium is not added indirectly through the use of another sodium-containing ingredient that acts as a functional substitute for added salt. The conditions for the claims "reduced in sugars" and "lower in sugars" now include a minimum 5 g absolute reduction, and the conditions for the claim "more fibre", an absolute minimum difference of 1 g. These changes make the criteria consistent with those for other comparative claims and are consistent with current requirements in the Guide to Food Labelling and Advertising.

Based on comments received as a result of pre-publication of proposed amendments in the Canada Gazette, Part I, as well as past regulatory requirements, the requirements for nutrient content claims have been modified to address situations where claims are made on labels or in advertisements for non-prepackaged foods and in advertisements for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, such as trade associations and marketing boards. In these cases, the claim made on the label or in the advertisement will be required to be accompanied by a quantitative declaration of the energy value or the nutrient(s) that is the subject of the claim.

Biological Role Claims

The Regulations allow statements or claims to the effect that the energy value of a food or a nutrient is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development. In light of comments received, biological role claims made on labels or in advertisements for non-prepackaged foods or in advertisements made or placed by or on the direction of the manufacturer of the product, for non-prepackaged products or prepackaged foods, are now required to be accompanied by a quantitative declaration of the energy value or the nutrient(s) that is the subject of the claim.

Consequential Amendments

Following pre-publication in the Canada Gazette, Part I, it was determined that a number of technical adjustments were necessary to maintain consistency between the nutrient content claims regulations and provisions of the Processed Products Regulations under the Canada Agricultural Products Act, Schedule I of the Meat Inspection Regulations, 1990 under the Meat Inspection Act, and the Fish Inspection Regulations under the Fish Inspection Act.

Where a term that characterizes the nutrient content of a food is part of the common name of a product that must comply with the preceding Acts and Regulations, specific exemptions have been made from the prohibitions against nutrient content claims.

DIET-RELATED HEALTH CLAIMS (HEALTH CLAIMS)

A diet-related health claim is a statement that describes the characteristics of a diet associated with the reduction of the risk of developing a diet-related disease or condition (e.g., osteoporosis, cancer). One example of such a claim is "A healthy diet with adequate calcium and vitamin D, and regular physical activity help to achieve strong bones and may reduce the risk of osteoporosis. (Naming the food) is a good source of calcium".

In November 1998, following a two year consultation, Health Canada announced a final policy regarding health claims for foods in the Policy Paper on Nutraceuticals/Functional Foods and Health Claims on Foods. The policy recommended that risk reduction claims be permitted for foods while all other products claiming to cure, treat, mitigate or prevent illness should continue to be regulated as drugs.

In 1999, Health Canada began an evaluation of ten health claims authorized at that time in the US under the NLEA. The evaluation was based on stakeholder consultation, consideration of the Canadian context, and validation and updating of the science supporting these claims. Following consultations and a review of the scientific evidence, Health Canada concluded that five of the ten US health claims could be supported for the first regulations permitting diet-related health claims on foods. Decisions on the remaining claims are pending further review of the data available. For example, there is insufficient evidence at this time to support the claim relating dietary fat and cancer.

Objectives for Diet-Related Health Claims in Canada

The new provisions aim to ensure that diet-related health claims:

- are useful to consumers in making informed choices to prevent injury to health by reducing the risk of developing chronic diseases;

- are consistent and not deceptive;

- are based on recognized health and scientific criteria; and

- describe the characteristics of a diet associated with reduced risk of developing the chronic disease identified in the health claim.

Description of New Regulations for Diet-Related Health Claims

Section 3 of the Food and Drugs Act makes it an offence to advertise or sell a food to the general public as a treatment, preventative or cure for any of the diseases referred to in Schedule A. Heart disease, hypertension and cancer, which are the subjects of three of the permitted claims, are listed in Schedule A. To permit the use of diet-related health claims, foods bearing such claims are exempted from subsections 3(1) and 3(2) of the Food and Drugs Act. In addition, foods labelled in such a way will be exempt from the provisions of the Act and its Regulations applicable to drugs, except where the food would come within the definition of a "drug" for a reason other than the fact that its label or advertisement carries one of these claims.

The Food and Drug Regulations permit diet-related health claims on foods for the first time in Canada. The Regulations set out the prescribed wording for the permitted claims to ensure that they are consistent and not deceptive. The permitted claims pertain to:

- sodium, potassium and hypertension;

- calcium, vitamin D and osteoporosis;

- saturated fat, trans fat, and heart disease; and

- vegetables and fruit and some types of cancer.

The new provisions also provide for a claim with respect to dental caries for chewing gum, hard candy and breath-freshening products that contain a minimal amount of fermentable carbohydrates.

The exclusion of white potatoes, yams, cassava, plantain, and corn, from the vegetables and fruit and cancer health claim, has been maintained. In addition, mature legumes and mushrooms have been added to this exclusion list. There are data to support the exclusion of white potatoes, and there is still a lack of data to support the role of yams, cassava or plantain and corn in reducing the risk of cancers.

The use of the term "toothfriendly" is not permitted in health claims related to dental caries as this word is already used in connection with a certification mark used by a non-profit organization promoting dental health.

As is the case for biological role claims and nutrient content claims, when an advertisement or a label contains a health claim for a food that is not a prepackaged product or when the claim in an advertisement for a prepackaged product is not made or placed by or on the direction of the manufacturer of the product, the claim is required to be accompanied by a quantitative declaration of the nutrient(s) that is the subject of the claim.

Nutrition Labelling, Nutrient Content Claims and Health Claims Internationally

The Codex Alimentarius Commission (Codex) is a joint body of the Food and Agriculture Organization (FAO) of the United Nations and the World Health Organization (WHO). Its mandate is the development of international food standards, based on scientific evidence, that protect the health of consumers and facilitate fair trading practices in foods.

The Commission adopted the Codex Guidelines on Nutrition Labelling in 1985 (http://www.codexalimentarius.net). Under these Codex Guidelines, the use of nutrition labelling is voluntary, but it becomes mandatory when a nutrition claim is made. Nutrition labelling in the Codex system comprises the core list of energy, protein, carbohydrate and fat. The declaration of other nutrients is optional or mandatory depending upon claims. The Guidelines provide for a country to require the declaration of nutrients in addition to the core list, in order to prevent injury to the health of its population.

The Codex Committee on Food Labelling has proposed to require the additional declaration of all of sugars, dietary fibre, saturated fatty acids, trans fatty acids and sodium whenever one of them is the subject of a nutrition claim, or one of them is declared voluntarily as part of the nutrient declaration, or when the food carries a health claim.

Although criteria for some nutrient content claims are contained in the Codex Guidelines for Use of Nutrition Claims, adopted by the Commission in 1997, appropriate criteria for other claims are still in the process of being developed. The Codex Committee on Food Labelling is currently developing guidelines for health claims on foods. These guidelines include the definition of permitted health claims and related principles with regard to their use, required scientific substantiation, wording, monitoring and education.

Nutrition labelling was instituted in the European Union (EU) in 1990 under the Council Directive on Nutrition Labelling of Foodstuffs. This Directive prescribes the order of listing, units of expression and a tabular format, space permitting. The use of nutrition labelling is voluntary except when a nutrition claim is made or when it is required by another EU directive. When used, nutrition labelling includes the declaration of the energy value, and the content of protein, carbohydrate and fat. When claims are made about any one of sugars, saturated fatty acids, fibre or sodium, the content of all four of these must also be included in the nutrition labelling. Other specified macronutrients as well as certain vitamins and mineral nutrients may be declared if present in sufficient amounts. Member states of the EU have not adopted a common approach to health claims. Some countries oppose health claims whereas other governments have not taken objection to the development of codes by industry to achieve self-regulation.

Nutrition labelling was first introduced in the US in 1973. The system was primarily voluntary, but was triggered by nutrient content claims or the addition of vitamins and mineral nutrients. The NLEA of 1990 mandated nutrition labelling on virtually all prepackaged foods sold to consumers.

The purpose of the NLEA is to facilitate consumer use of quantitative information on food labels, to restore credibility of nutrient content claims, to provide an incentive to the food industry to improve the nutritional composition of foods and to enhance nutrition education. The criterion that guided the choice of nutrients to be listed was to assist consumers in maintaining health status and in following dietary practices that assist in the reduction of the risk of developing diet-related chronic diseases. To this end, the NLEA also allows for the use of health claims on foods.

On January 6, 1993, the United States Food and Drug Administration (FDA) published final rules for nutrition labelling and nutrient content claims under the NLEA of 1990. At the same time, the US Department of Agriculture (USDA) also issued final rules regarding nutrition labelling and nutrient content claims for meat and poultry products. The US Regulations cover content (order of listing, units of expression), format (type size, type style, spacing, highlighting, use of lines to box the declaration) and serving sizes. Fourteen items including 12 nutrients, total calories, and calories from fat must be listed under the heading, Nutrition Facts.

The US system for nutrient content claims is regulated and highly prescriptive. No nutrient content claims are permitted other than those set out in the Regulations. The compositional criteria for these claims are designed to support dietary guidelines. The compositional criteria are expressed per "reference amounts customarily consumed", which are standardized and regulated. The US regulate "reference amounts customarily consumed" to ensure that the basis for nutrient content claims is consistent and that consumers are able to make comparisons between similar foods. Reference amounts eliminate the possibility of the manufacturer choosing a serving size to enable a food to meet the compositional criteria for a nutrient content claim.

The US require that foods with nutrient content claims always carry nutrition labelling. The US also require additional labelling such as disclaimers and disclosure statements. This additional requirement applies to nutrients that are present in foods at levels that are considered to increase the risk of developing a diet-related disease in the general population. For example, claims on foods that indicate "low in fat" but which carry a fibre claim must disclose the fat content of the food in close proximity to the claim. By the beginning of 2002, the FDA had authorized twelve health claims under the standard of significant scientific agreement required by the NLEA.

Mexico is one of a number of countries whose nutrition labelling requirements reflect the Codex Guidelines. Mexico has adopted the US requirements for nutrient content claims.

Food Standards Australia New Zealand (FSANZ) (formerly the Australia New Zealand Food Authority (ANZFA)), the authority mandated to regulate food products in Australia and New Zealand, is in the process of implementing mandatory nutrition labelling under the new joint Food Standards Code. By late 2002, almost all foods sold in Australia and New Zealand would be required, under this new Code, to carry a Nutrition Information Panel (NIP). This panel must display information about energy (kilojoules), total fat, saturated fat, protein, carbohydrate, sugars and sodium. Other nutrients may be voluntarily declared in the panel, and must be declared in cases where a nutrition claim is made. In June 2001, FSANZ recommended that the prohibition of health claims on foods sold in Australia and New Zealand be retained, but the possibility of scientifically substantiated claims be allowed as exemptions to the prohibition. Following a pilot project testing a health claim concerning folic acid and neural tube defects (NTD), FSANZ published in August 2002 a Review of Health and Related Claims: Full Assessment Report, [Proposal P153], outlining several proposed options for regulating health claims for foods. The preferred option is a case-by-case exemption to the current prohibition after rigorous scientific review. FSANZ has conducted a review of health and related claims. As a result, a temporary provision was put in place to exempt from the prohibition on health claims, the claim linking folate with reduced risk of NTD. The folate/NTD claim was used to pilot a management framework for health claims. The final ruling is pending policy advice from a Ministerial Council. In the meantime, the temporary provision allowing the folate/NTD claim on certain foods is still in place.

In Japan, a product-specific approval process permits health claims on the labels of food products for the maintenance of good health or body function as part of the diet. Although the claims do not mention specific diseases, their use in connection with diseases or abnormal health conditions may be implied.

Alternatives

As noted previously, two of the three policy initiatives being implemented in these regulatory amendments, namely nutrition labelling and nutrient content claims, were first implemented in the late 1980's. In both cases, they have relied on a combination of non-regulatory and regulatory instruments. Companies have been encouraged to provide nutrition labelling voluntarily. To build on results achieved through regulations, Health Canada supported non-regulatory instruments that were developed to reduce diet-related health risks and encourage appropriate food consumption patterns.

In the case of nutrition labelling, the voluntary approach has had some success. While the Food and Consumer Product Manufacturers of Canada (FCPMC) has estimated that as much as 65% of all prepackaged foods have nutrition information on the label, this figure is probably high, owing to the nature of the sample. Although the presentation of nutrition information in some form of a table on food packages is increasing, a patchwork of content and styles persists. A significant number of prepackaged foods still lack any information and those which do display nutrition information often present only the minimum information required by a claim or selectively display non-mandatory nutrient information. Regulations mandating nutrition labelling on all prepackaged foods can best address the gaps in the system and provide clarity in presentation of nutrition information to the consumer. As part of this regulatory approach, non-regulatory instruments, particularly communications, education and training, involving all stakeholders, will be used to help meet the objectives of the nutrition labelling regulations.

In the US, the FDA has reported that a variety of designs or formats for the presentation of labelling information results in consumers often having difficulty finding and understanding the information. The FDA determined that a standardized format for nutrition labelling would improve legibility and comprehension, thus increasing consumer knowledge about the safe and effective use of the products. A standardized format would also improve the ability of consumers to compare foods and select the appropriate food to meet their needs. Consultations in Canada conducted before and after pre-publication of proposals in the Canada Gazette, Part I, confirmed that consistency of appearance in the presentation of nutrition information is key to easy recognition and use.

Under the previous optional/mandatory hybrid system of regulations for nutrient content claims, a product claimed to be "light" in fat was required to have only the fat content declared on the label, resulting in incomplete nutrition information. A similar product without a claim was not even required to carry that information. This made it difficult for the consumer to make an informed choice by comparing similar products.

With nutrient content claims, it continues to be important to require through regulation that a claim such as "low in fat", means the same thing in all similar instances, regardless of which company elects to make the claim. Owing to the diversity of the industrial sectors involved, regulations are required to achieve the necessary uniformity of information and give consumers confidence in the declarations made by the manufacturers.

The use of voluntary guidelines, rather than specific regulatory requirements, to define nutrient content claims was considered. Health Canada considered that guidelines would only be effective in the context of a premarket approval system for claims. This was considered to be a slow, ineffective, and very costly alternative to regulations.

In the case of diet-related health claims, new regulations are required as such claims have not previously been permitted for foods sold in Canada. Foods bearing these claims would otherwise be subject to the provisions of the Food and Drugs Act and Regulations with respect to drugs and to the prohibition specified in section 3 of the Act. Under the new Regulations, companies may voluntarily use diet-related health claims, but if they elect to do so, they are required to make those claims in accordance with the conditions and using the prescribed wording set out in the Regulations. Regulations are necessary to establish a uniform approach, and instill consumer confidence in the claims.

A regulatory framework will also reduce the risk of incomplete or improperly labelled foods or deceptive claims. The regulatory framework for nutrition labelling, the amendments to nutrient content claims and the new regulations for diet-related health claims are the best means to prevent injury to health by providing consumers with product-specific information at point of purchase. It is important that nutrition labelling, nutrient content claims and diet-related health claims are scientifically-based and apply uniformly to Canadian-produced and imported foods sold throughout the country. The Food and Drug Regulations already ensure common terminology for nutrition information provided on the food label.

Rationale for Regulatory Intervention and Steps Towards Increased Compatibility with US Nutrition Labelling Requirements

Nutrition labelling is mandatory in other jurisdictions, notably in Canada's largest trading partner, the United States. These Regulations will move Canada towards increased compatibility with the US nutrition labelling regulations. Indeed, from the beginning of the structured development of these Regulations, compatibility with the US system, to the greatest extent possible, was a clear objective. However, emerging science, health concerns and differences in diet (e.g., content of trans fat in the Canadian diet) limit the extent of harmonization. For example, the US nutrition labelling regulations were passed in 1993 and their provisions have not been updated to reflect emerging science (e.g., nutritional importance of omega-3 fatty acids and concerns around consumption of trans fatty acids) or consumer experience with existing regulations. In addition, differences in units of measure and bilingual requirements in Canada also limit harmonization.

Canada and the US both supported work by the Institute of Medicine of the National Academies to develop new Dietary Reference Intakes. This was done in recognition that, if the scientific underpinnings for nutrition policies and programs are harmonized, there will be improvements in compatibility between the regulations of the two countries. The US and Canada have also contracted with the Institute of Medicine to advise them on the selection of reference values for labelling purposes with a view to develop a common set of reference values.

The Institute of Medicine report is expected in September 2003. Health Canada will review the recommendations and engage the FDA in discussions on the harmonization of the reference values. As soon as the Canadian regulations are finalized, Canadian officials will meet with officials from the US to address the issues related to trans fat declaration and rounding to zero with a view to reaching mutual acceptance. An appropriate bilateral forum will need to be established to conduct these discussions.

Benefits and Costs

This description of Benefits and Costs applies to all three initiatives discussed here: nutrition labelling, nutrient content claims and diet-related health claims, as the data available do not allow for the differentiation between the three initiatives.

Canadians are being encouraged to take personal responsibility for their health, and nutrition information on food labels helps to prevent injury to health by giving consumers means to select foods on an informed basis. The ultimate public health benefit from the use of nutrition information on food labels is a reduction in health care costs related to a reduced risk of developing nutrition-related chronic diseases. A well-nourished population is healthier and more productive with lower health care and social costs and a better quality of life. Canadian consumer research shows that nutrient content claims are a pivotal element influencing product choice when health and nutrition are a concern. Canadians have demonstrated a widespread interest in specific nutrients in the foods they eat, with a sizable proportion claiming to make use of the nutrition information on labels to assess how high or low a food is in such nutrients as fat, sodium, fibre, or vitamins or mineral nutrients. The individual's capacity to adopt a healthy pattern of eating is influenced both by the availability and understanding of nutrition information from many sources, including food labels. Label information enhances the capacity to make choices. Change in food choices can improve overall dietary patterns and result in improved population health.

More specifically, over 1.5 million Canadians have diabetes mellitus and another 750,000 may have the disease but remain undiagnosed. These Canadians require controlled intakes of energy, carbohydrates and fat. Planning their diets can be facilitated by nutrition information on food labels. Similarly, heart disease is the number-one killer with 63% of Canadians having at least one major risk factor. This population is advised to seek controlled intakes of energy, total fat and types of fat. The economic impact of these diseases in Canada is substantial. Cardio-vascular disease alone results in $7.3 billion in direct costs and $16.9 billion in indirect costs per year (Moore et al. (1997), Economic Burden of Illness in Canada, Health Canada). It is estimated that these costs can be reduced through an augmented program of nutrition information on food.

The present value of the health benefit of this nutrition information initiative in Canada, accruing over the next 20 years, has been calculated in 2000 by Agriculture and Agri-Food Canada and Health Canada to be in the range of $5 billion for reductions in the direct and indirect costs associated with three diagnostic categories: cancer, diabetes, coronary heart disease and stroke.

In the US, prior to implementing its nutrition labelling programme, the Research Triangle Institute (RTI) carried out an economic impact analysis on the effects of nutrition labelling on public health with a focus on cancer and coronary heart disease. Based on the most conservative of the RTI estimates, in 1991, the FDA estimated that the mandatory application of nutrition labelling would provide health benefits in relation to cancer and coronary heart disease, based on life years gained, of $3.4 - 3.6 billion (US) over a 20 year period. These US figures are being provided as an historical statistic only and are not directly comparable to the above Canadian calculation. They reflect the value in US dollars of "life years gained" considering two disease categories, cancer and coronary heart disease, over a 20 year period from 1991, whereas the value of the benefits of the Canadian nutrition information initiatives are based on reductions in direct and indirect costs for three disease categories, cancer, coronary heart disease and stroke, and diabetes.

Based on a sampling of manufacturers undertaken by Deloitte & Touche for Agriculture and Agri-Food Canada in 2000, industry costs to implement the proposed nutritional labelling requirements have been calculated based on implementation periods of one, two and three years. Using a 6% discount rate, the net present value of cost to industry would be approximately $476 million for a one year implementation period versus $357 million for a two year and $263 million for a three year implementation period. These estimates are shown below by type of cost:

- administrative costs (co-ordinating label change activities) $0 to $480 per stock keeping unit (SKU); and

- analytical costs (product analysis) $110 to $3,800 per SKU;

- re-design costs (incremental, taking into account re-design cycles) $0 to $6,086 per SKU; and

- disposal costs (of labels and packaging inventory) $0 per SKU.

Results from the Business Impact Test (BIT) carried out in 2000-2001 for Health Canada show that one-half of the 47 respondents estimate that the prices of their product would increase to a minor extent; about one third believe that there would be no impact. One third of the 47 respondents suggest that their revenues would experience a minor decrease. Most respondents (61% to 93%) expect either a minor decrease or no impact on cash-flow, profitability, long term investment return, and their ability to weather financial fluctuations, although in some cases (4.5% to 27.3%), major negative impacts were anticipated. Those who expected potential major decreases were confectioners, bakeries, and egg producers. It is important to note that the BIT is not a statistically valid sample. The results are therefore not representative of the views of the industry as a whole and do not constitute an estimate of the overall business impact of the regulatory amendments.

Because it can be assumed that food manufacturers can choose to use nutrient content claims or diet-related health claims, the costs associated with these claims would not be as great as the benefits. However, where criteria for nutrient content claims are stricter than previous criteria, there would be a cost to industry resulting from the potential loss of sales of foods now carrying a particular claim if that claim would need to be removed to meet new criteria. The cost of reformulation of a food to meet new criteria to continue making a claim is another consideration. However, this is considered to be offset by the qualification of more foods for claims where the criteria are being relaxed, e.g., "low sodium", and by the potential positive effects of the increased credibility of claims.

In 1996, Agriculture and Agri-Food Canada evaluated the business impact of changing the definition for "fat-free" to harmonize it with that of the US. The conclusion of that review, published in the document Impact Assessment of a Revised Definition of the Claim "Fat-Free" (Agriculture and Agri-Food Canada, August 1997) was that overall, the impact on the food processing industry would be mixed but quite small. The impact of the other claims on the industry would even be smaller.

There are a number of costs that will be related to the implementation of the Regulations. These are: the costs of performance measurement, Health Canada's educational programs, enforcement and compliance, CFIA education programs and changes to the Guide to Food Labelling and Advertising.

Consultation

The nutrition labelling review began in 1998 using a consultative and collaborative process with the participation of health professionals, consumers, NGOs, industry and other government departments at both the federal and provincial/territorial level. The work was guided by the Nutrition Labelling Advisory Committee and informed by population-based consumer research, expert advice and two formal stakeholder consultations (workshop and consultation at large). Recommendations for mandatory nutrition labelling were presented to Health Canada in November 1999 and officially accepted in October 2000 with a ministerial announcement. Following a consultation on the proposed policy in November 2000, proposed regulations were published in the Canada Gazette, Part I, on June 16, 2001 for comment. As a follow-up, extensive informal consultations on specific proposals were undertaken with interested parties, including industry.

This extensive consultation process demonstrated a high degree of interest and general support from all stakeholder sectors for the proposed mandating of nutrition labelling, updating of nutrient content claims, and for the introduction of health claims. The information obtained through the consultation process was very useful to Health Canada in improving and modifying the proposed amendments prior to their pre-publication. Persons wishing to examine in more detail the relevant reports relating to the prepublication policy development and consultation process will find them available on the Health Canada Food Program Web site: http://www.hc-sc.gc.ca/food-aliment/e_index.html under the headings Nutrition Labelling, Nutrient Content Claims, and Health Claims.

Interested parties were invited to respond to the proposed regulations that were pre-published in the Canada Gazette, Part I, on June 16, 2001 within 90 days from the date of publication. Approximately 4,400 comments were received, including more than 4,100 letters as a result of 7 write-in campaigns, and about 250 comments from individual stakeholders. The vast majority of comments expressed support for the proposed amendments. Based on the comments received as a result of pre-publication, a number of adjustments to the proposed amendments have been made. The responses to these comments are detailed in the sections below.

Subsequent meetings with a number of stakeholders lead to additional adjustments to the original proposals and to the development of the final regulatory amendments. More specifically, Health Canada met with the Baking Association of Canada, the Canadian Council of Grocery Distributors, the Canadian Diabetes Association, the Canadian Federation of Independent Grocers, the Canadian Meat Council, the Canadian Poultry and Egg Processors Council, the Food and Consumer Products Manufacturers of Canada, the Food Processors of Canada, the Confectionary Manufacturers Association of Canada, the Further Poultry Processors Association of Canada, the Movement for Canadian Literacy, and the Packaging Association of Canada. Correspondence was also exchanged with the Canadian Automatic Merchandising Association. Discussions with these groups focussed on foods which should be exempted from the nutrition labelling requirements, the format specifications, and the transition period. A few on-site visits (e.g., a centralized facility for the preparation of food for institutional use, small and in-store bakeries) were conducted. Surveys of food products at retail were carried out to gather additional information to support the modifications. Advice was sought from a literacy expert, and design and communication firms. A summary of the salient changes is available on Health Canada's Website and was distributed to interested parties.

Nutrition Labelling

EXEMPTIONS

Many respondents recommended that more categories of foods than originally proposed be required to carry nutrition information. In particular, over 4,000 comments from write-in campaigns from the public and the health sector recommended that prepackaged fresh meat, poultry and seafood, and in-store baked goods be required to bear nutrition labelling. Several respondents from the health sector and the public also made this recommendation, with a few further suggesting that nutrition information also be provided for fresh fruit and vegetables and fast foods. A few others more generally suggested that mandatory nutrition labelling should apply to all foods. Some respondents proposed that, rather than providing an outright exemption for these categories of foods, the Food and Drug Regulations require information to be available at the point of purchase or provide a longer transitional period for these products to be labelled with nutrition information.

Response:

Raw single ingredient meat, poultry meat and their by-products, and marine and fresh water animals as well as fresh fruit and vegetables, are exempted from nutrition labelling because representative databases on nutrient content are not available. Foods sold only in the retail establishment where the product is fully prepared and processed from ingredients or pre-mixes are exempted, except in the case where only water is added to the pre-mix. This recognizes the difficulties associated with labelling foods prepared with limited standardization and measures of control. Distributors and retailers would be encouraged to provide nutrition labelling for exempted foods, where feasible, on a voluntary basis. The nutrition labelling of fast foods was not considered in the policy development and is outside the scope of these Regulations.

A number of industry comments recommended that the list of exemptions be expanded. Several respondents requested that ground meats should be included in the exemption for raw single ingredient meats. Many commented that foods used as ingredients in the manufacturing of other foods should not be required to be labelled with a Nutrition Facts table. A similar suggestion was made for foods used in food service establishments. In both cases, many suggested that provision should be made for nutrition information to be provided by an alternative means to a Nutrition Facts table on the package, such as specification or data sheets, since these foods are not sold directly to the consumer. Some respondents recommended that foods packaged for sale in a retailer's establishment be exempted. It was also suggested in a small number of comments to include bulk foods in the list of exemptions.

Response:

Ground meat represents a large proportion of meat sold. The Food and Drug Regulations set maximum levels for the fat content of three categories (regular, medium, lean) of ground beef; the Meat Inspection Regulations, 1990 do the same for four categories (regular, medium, lean, extra-lean) of all ground meats. These requirements result in products that are more standardized than raw single ingredient meats and poultry.

The regulations have been modified to address the issues raised in the context of foods that are not intended to be sold directly to the consumer. In the case of prepackaged foods that are intended solely for use as ingredients in the manufacture of other foods, and prepackaged multi-serving ready-to-serve prepackaged products intended solely for institutional use, the required nutrition information may accompany the product in print form rather than be attached directly to the product.

Foods purchased from bulk at retail and foods that are packaged on site at the request of the purchaser are not considered prepackaged foods and are, therefore, outside the scope of the mandatory nutrition labelling regulations. Foods that are sold in the same establishment where they are prepared and processed from ingredients or pre-mixes are exempted from these Regulations since these products may be prepared with limited standardization and measures of control. However, foods prepared on premises where only water has been added to the pre-mix, are required to carry the Nutrition Facts table. Except for packages with an available display surface of less than 200 cm^₂, a Nutrition Facts table is required on foods packaged at the retail level since this nutrition information will be provided to the retailer by the manufacturer. There were several requests from industry for a small business exemption.

Response:

The extension of the transitional period for small businesses from 3 to 5 years as well as the exemptions from mandatory nutrition labelling will alleviate the impact on this sector. Small businesses are manufacturers with less than $1,000,000 of gross sales in Canada in the 12 month period before the Regulations come into effect.

CORE LIST ELEMENTS (CORE INFORMATION)

The addition of folate/folic acid to the core list of nutrients was recommended by many individuals from the health sector and the public as part of write-in campaigns and by several individual respondents from the industry, health sectors and the public. The comments suggested that such a move would assist women of child-bearing age to select foods rich in folate to safeguard against neural tube defects in newborns.

Response:

The core list does not include folate because the strategies that have been adopted in Canada to help reduce the risk of neural tube defects entail approaches that do not require consumers to actively seek out higher food sources of folate. These strategies are to enhance population folic acid intakes passively through a program of mandatory flour enrichment and to recommend that women who could become pregnant take a daily supplement containing folic acid.

Folate is on the optional list but there are two factors which would mitigate against the declaration of folate as a core nutrient: the good sources of folate in addition to fortified flour and pasta are liver and raw fruit and vegetables which are not required to be labelled. Furthermore, the analysis of naturally occurring folate must be done by microbiological assay which is expensive and can only be performed by few laboratories.

A requirement for a declaration of all fatty acid groups, including monounsaturated fatty acids and polyunsaturated fatty acids, was recommended in a write-in campaign of a number of health professionals as well as by a few respondents from the health sector and the public. Other items for inclusion in the core list mentioned by a small number of respondents include potassium, % DV for protein, % of Calories from fat, and the glycemic index.

Response:

The Nutrition Facts table provides information on saturated and trans fatty acids which have been shown to raise serum cholesterol levels. The declaration of the other groups of fatty acids, monounsaturates, omega-3 and omega-6 polyunsaturates, is optional unless claims are made, in which case all three must be declared.

Potassium is not included as a mandatory nutrient of the Nutrition Facts table because it is not considered to be a nutrient of general public health importance. The declaration of potassium, however, is mandatory when a claim is made for the sodium or salt content of a food which contains an added potassium salt. This requirement is based on the fact that individuals following sodium-restricted diets and, therefore, likely to choose foods carrying claims for sodium or salt, may be using diuretics and need to be aware of the potassium content of foods.

The declaration of protein as a % DV would require consideration of protein quality as well as quantity. Since protein intakes are generally adequate in Canada and not a public health concern, the complicated methodology and additional costs necessary for determining protein quality are not warranted, unless a claim is made.

The Regulations provide for the optional declaration of the number of Calories both from fat and from saturates plus trans. Recommendations on the % of Calories from fat apply to the total diet rather than to an individual food. Therefore, inclusion of the % of Calories from fat in the Nutrition Facts table may be confusing and is not permitted. In the absence of an authoritative recommendation regarding the use of the glycemic index in choosing carbohydrate sources, it would be inappropriate to include the glycemic index in the Nutrition Facts table.

A large number of respondents, mainly from write-in campaigns, recommended that a % DV be established for "added sugars", with the amount of added sugars listed separately in the Nutrition Facts table.

Response:

The declaration of "added sugars" was not considered at this time since a distinction between naturally occurring and added sugars cannot be made from how the body metabolizes them or from an analytical perspective, i.e., it would not be possible to verify a declaration of "added sugars" analytically.

A significant number of respondents, who were primarily health professionals, requested various deletions from the proposed core list for the Nutrition Facts table: cholesterol, sugars and vitamins A and C. The declaration of the % DV for cholesterol in order to harmonize with the US was advocated in comments from a large number of industry respondents. The proposal not to allow declaration of cholesterol as a % DV was specifically supported by a few stakeholders.

Response:

Dietary cholesterol is a recognized risk factor for heart disease. The recommendations for a healthy lifestyle from the Report of the Working Group on Hypercholesterolemia and Other Dyslipidemias published in the Canadian Medical Association Journal in 2000 and the Heart Healthy Diet Guidelines of the US National Cholesterol Education Program (2001) recommend a diet containing less than 300 mg cholesterol per day. The Report of the Panel on Macronutrients of the Standing Committee on the Scientific Evaluation of Dietary Reference Intakes, Food and Nutrition Board, Institute of Medicine, released in 2002, reinforces the importance of limiting cholesterol in the diet. The Canadian and US scientists who prepared the report concluded that increases in cholesterol intake increase the risk of coronary heart disease, i.e., "There is much evidence to indicate a positive linear trend between cholesterol intake and low density lipoprotein cholesterol concentration, and therefore increased risk of coronary heart disease". However, while the Panel recommended that cholesterol intakes be minimized, it acknowledged that a healthy diet could contain some cholesterol.

Based on a review of the above recommendations with regard to dietary cholesterol, it has been decided that cholesterol would continue to be included in the core list in the Nutrition Facts table. It has also been decided to provide for the optional declaration of the % DV for cholesterol in the Nutrition Facts table based on a Daily Value for cholesterol of 300 mg, in line with the above recommendations.

The expression of nutrients as a % DV assists consumers in understanding the relative significance of the amount of a nutrient in the food. For consumers seeking to reduce the risk of developing heart disease, the % DV on the label will assist in assessing the cholesterol content of foods. Without the Daily Value, only those consumers who have already been diagnosed as having heart disease or elevated serum cholesterol levels and who have been advised on how to reduce their cholesterol intake would be able to make meaningful choices.

Education programs in Canada aimed at reducing risk of heart disease have not focussed on dietary cholesterol per se, but rather on reducing intakes of saturated fat. A reduction in intake of saturated fat, found in meat and dairy products, will be accompanied by a reduction in cholesterol intake. Permitting the declaration of % DV for cholesterol on an optional basis is consistent with the lack of emphasis on cholesterol in Canadian nutrition education programs.

Declaration of cholesterol as % DV is a mandatory part of nutrition labelling in the US. Provision for the optional declaration of the % DV for cholesterol in the Nutrition Facts table will further the compatibility of the nutrition label with that of the US. One of the objectives for nutrition labelling in Canada was to work towards compatibility in food labelling standards with the US.

Many consumers are interested in the sugar content of the foods they eat and have expressed their wish to have this information available in the Nutrition Facts table. The Report of the Panel on Macronutrients of the Standing Committee on the Scientific Evaluation of Dietary Reference Intakes, Food and Nutrition Board, Institute of Medicine, released in September 2002, recommends that not more than 25% of daily energy be provided in the form of added sugars based on studies showing that diets high in added sugars were lower in certain micronutrients. While it is not possible to distinguish analytically between naturally occurring and added sugars, there are many foods, particularly in the "Other Foods" category of Canada's Food Guide to Healthy Eating, which contain primarily added sugars. Including sugars in the Nutrition Facts table will allow consumers to identify sources of sugars in their diet and to make informed food choices.

Certain subpopulations are still at risk of deficiencies of vitamin A and vitamin C. Intakes of vitamin C are inadequate and below requirements in over half of men aged 18-64 and in at least 35% of adult women 19 to 74 years of age. This is also the case for vitamin A in a smaller proportion of the general population. Therefore, vitamins A and C must be declared in the Nutrition Facts table.

A large number of comments from food industry associations as well as individual companies supported general harmonization with the US regulations for nutrition labelling and claims. Opposition to general harmonization was expressed in only a few comments from industry and the public. Harmonization issues concerning the declaration of trans fat in the Nutrition Facts table were raised in a number of comments. Many industry stakeholders advocated harmonization of the method of declaration of trans fat with that proposed by the US. A significant number of these recommended the use of the proposed US approach for the declaration of trans fat or allowing the use of either the proposed US or Canadian approach.

A large number of respondents from the industry supported 0.5 g instead of the proposed 0.2 g as the level of insignificance for each of saturated and trans fat, recommending that values of less than 0.5 g of saturated or trans fat be allowed to be rounded to "0" in the Nutrition Facts table. One industry respondent proposed 2 g of trans fat per serving as the threshold for requiring a declaration of trans fat in the Nutrition Facts table whereas another industry respondent recommended a 0.5 g per serving cut-off. One respondent commented that trans fat, due to its chemical nature, should stand alone as a component of "fat" rather than as a subdivision of saturated fat. Many industry respondents suggested that the proposed rounding rules for fat and its components could result in the fat content being declared as "0" but with amounts being declared for saturated and trans fat. This requirement would be confusing to consumers.

Response:

A large number of respondents to the Canada Gazette, Part I pre-publication supported the proposal to include the declaration of trans fat in the Nutrition Facts table. Trans fat like saturated fat has been demonstrated to raise serum low density lipoprotein (LDL) cholesterol which is a risk factor for coronary heart disease. The Report of the Panel on Macronutrients of the Standing Committee on the Scientific Evaluation of Dietary Reference Intakes, Food and Nutrition Board, Institute of Medicine, 2002, concluded that "Similar to saturated fatty acids, there is a positive linear trend between trans fatty acid intake and LDL cholesterol concentration, and therefore increased risk of coronary heart disease (CHD). A tolerable upper intake level (UL) is not set for trans fatty acids because any incremental increase in trans fatty acid intake increases the risk of CHD". The Panel recommends "that trans fatty acid consumption be as low as possible while consuming a nutritionally adequate diet". The Panel also did not establish recommended levels for saturated fatty acids and, as for trans fat, stated that a UL is not set because any incremental increase in saturated fatty acid intake increases CHD risk.

The expression of nutrients as a % DV assists consumers in understanding the relative significance of the amount of a nutrient in the food. Health Canada considers that incorporating trans fat with saturated fat under the same DV is justifiable in view of the fact that the two dietary components have the same effect on LDL cholesterol, a risk factor for CHD. The DV for the sum of saturated and trans fats is 20 g based on approximately 10% of energy for a 2000 Calorie diet. This DV is justifiable since recommendations are to decrease the dietary intake of saturated and trans fats as any increase in intake increases CHD risk. Provincial food consumption data indicate that intakes of saturated fat in Canada average approximately 11% to 13% of energy. Using provincial food consumption data, Health Canada has calculated that intakes of trans fat average approximately 3% of energy. A combined DV for saturated and trans fat of 10% of energy is lower than current intakes and is consistent with the recommendations for a healthy lifestyle from the Working Group on Hypercholesterolemia and Other Dyslipidemias (Canadian Medical Association Journal, 2000) as well as Nutrition Recommendations for Canadians (Health and Welfare Canada, 1990).

The regulations define the level of insignificance for each of saturated fat and trans fat as less than 0.2 g per reference amount and per serving of food. These amounts were established in line with the Nutrition Recommendations for Canadians and are consistent with current knowledge respecting the metabolic effects of these fats. Higher amounts would result in levels of saturated and trans fats that would be considered to be nutritionally significant and therefore should not be rounded to "0". For example, consumption of 10 servings of foods containing up to 0.5 g of each of saturated and trans fat and declaring "0" g for saturated fat and "0" g for trans fat, could result in an intake of up to 10 g of saturated fat plus trans fat or 50% of the DV. Current analytical methodology allows the determination of levels of saturated and trans fats at less than 0.2 g.

Since trans fat is one of the core nutrients in the Nutrition Facts table, it must always appear in the table even if its amount may be declared as "0". The suggested potential for consumer confusion with regard to the rounding to "0" rules for total fat has been addressed by disallowing rounding to zero for total fat unless the amounts of all fat components, including saturated fat and trans fat, are declared as zero.

Some individual respondents from the industry, the health sectors and the public expressed concern over the use of % DV in general. It was suggested that a % DV for nutrients may be misinterpreted as being a percentage of a recommended amount, and that the reference standards are not applicable to all populations. A few respondents recommended that the label always provide the footnote explaining that the % DVs are based on a 2,000 Calorie diet. While a few industry respondents stated that the reference standards on which the % DV for vitamins and mineral nutrients are based should be harmonized with the US, many respondents from most sectors, including health professionals who commented as part of a write-in campaign, recommended that reference standards be based on the Dietary Reference Intakes (DRIs) recently released by the Institute of Medicine.

Response:

Information on % DV will help consumers identify the relative importance of nutrients in a food without having to do their own calculations. The use of % DV will be addressed as part of the education campaign to teach consumers how to use the nutrition information on food labels. As guidance is received from the Institute of Medicine on the establishment of reference values for labelling purposes for vitamins and mineral nutrients based on the new DRIs, further work will be required in updating the Daily Values.

Format

Many comments were received on the proposed amendments relating to label space and formatting of the Nutrition Facts table. The need for more flexibility in placement of the table on the package, including on a part of the package that is destroyed upon opening, was suggested by several stakeholders, primarily from industry. More consideration of the need to provide non-mandated product usage information, nutrition education messages and bilingual trademarks on the food label was sought by a few industry stakeholders. Comments from a large number of industry stakeholders called for format selection to be left to the discretion of the manufacturer based on package and label characteristics and some industry stakeholders requested that use of the option for horizontal scaling down to 75% be permitted at any time. An increase in the available label space cut-off of 100 cm^₂ for alternative methods of presentation of the information in the Nutrition Facts table was requested by several industry stakeholders.

Subsequent to the review of the comments received, consultations were undertaken with the design and packaging industry, literacy and consumer advocacy groups, health associations, the food industry, and central food preparation facilities to address a number of issues that had been raised. Advice on clear language and label design was sought to assist in the further refinement of the nutrition labelling presentation and format requirements. The consultations confirmed the following: the importance of a standardized format and consistency for presentation of the Nutrition Facts table; the superiority of the standard format for readability and ease of use; difficulties in reading the horizontal and linear formats; visual problems with reading and comprehension of bilingual formats; problems with comprehension of abbreviations; and difficulties in reading 6 point type experienced by persons with age-related visual impairment (presbyopia). As a result of these consultations, a number of changes have been made to the Regulations governing format and presentation.

Response:

Additional flexibility has been provided in the Regulations to allow for the use of the part of the package that is destroyed when opened if it is a single use package. The definition of available display surface now includes the bottom of a package provided that the package does not leak and the food would not be damaged when the package is turned over. The calculation of total surface area for available display surface also now excludes the space required for the UPC. The choice of format to be used on the package is now governed by the requirement that no more than 15% of the available display surface has to be made available for the presentation of the Nutrition Facts table unless manufacturers choose to use more than 15% of the label space, if they wish. The remaining 85% of the available display surface is available for other mandatory information and branding, vignettes, claims, etc.

If displaying one of the preferred formats of the Nutrition Facts table requires more than 15% of the available display surface or cannot be accommodated on any continuous surface of the package, the format size may be reduced according to a specified hierarchy. The 15% requirement introduces more flexibility than a fixed cut-off point by taking into consideration the space needed in the table for any mandatory information, including the declaration of added nutrients or nutrients that are the subject of a claim. The 15% requirement also takes into consideration the space needed for the declaration of the nutrient content for the food "as prepared" in cases where the food has to be prepared according to directions for use.

These provisions maximize the use of the standard format (All Figures 1, 2, 3, 20, 21 and 22) on the majority of food packages. The use of a condensed font ensures consistent spacing between characters, resulting in better legibility than text that is horizontally scaled down. For this reason, use of horizontal scaling down will not be permitted. In recognition of the problems faced by retailers, the hierarchy described above does not apply to foods that are packaged at retail and labelled by means of stickers. A bilingual standard format (Figures 3.3 (B) and 22.3 (B)) with 7 point condensed font must be used, as a minimum, to display the Nutrition Facts table on retail packaged foods that have more than 200 cm² of available display surface without having to consider the 15% requirement. As mentioned previously, foods packaged at retail with less than 200 cm² of available display surface are exempt from carrying a Nutritional Facts table except in certain circumstances such as when a claim is made.

Reference Amounts for Foods

Comments on Schedule M to the Regulations were received from a number of industry stakeholders and related to the respondents' specific products. The addition of a reference amount for raw and cooked ground meat was requested by a few industry stakeholders and the addition of a new category for hors d'oeuvres was requested by one industry stakeholder. A number of industry comments identified differences between the Canadian and US reference amounts and recommended harmonization with the US. Other respondents suggested a change in a reference amount to better align with the products offered for sale in the Canadian marketplace, including one respondent from the health sector who noted that single servings of snack foods such as potato chips are typically 70 g and would not have to carry nutrient information based on the entire package.

Response:

A survey of selected food products currently on the market was conducted by Health Canada to verify the reference amounts. As a result of the information obtained, adjustments were made to a number of product reference amounts in Schedule M to the Regulations. This will mean that the serving size on which the information is based will more closely correspond to the actual amounts of foods being consumed. The items: patties, burgers, cutlettes, chopettes, steakettes, meatballs, and sausage toppings, was expanded to include ground meat, and the reference amount of 55 g "cooked" was increased to 60 g, based on current data. Hors-d'oeuvres was added as a new item in the table, and 50 g was assigned as the reference amount, which is consistent with servings of stated sizes for such products currently on the market.

The category of "grain-based bars, with or without filling or coating, breakfast bars, granola bars" was divided into two separate categories based on the finding that single servings of products with a coating or filling are typically about 40 g, while those without filling or coating are around 30 g. The reference amount for frozen dairy desserts, such as bars, sandwiches and cones, was increased to 125 mL from 85 g. As noted previously, the reference amount for snack foods was increased to 50 g, given that typical single serving sizes currently range from 43 g to 85 g. Alignment with the US reference amount was not considered appropriate where Canadian intake data do not support the US reference amount.

Nutrient Content Claims

Comments indicated overall general support for the nutrient content claims proposals. As well, the desire for harmonization with the US was expressed in a number of general comments from industry stakeholders.

Many respondents, including some of those participating in the write-in campaigns referred to previously, called for an overall tightening of the rules for making nutrient content claims requiring the use of explanatory notes or disclaimers to accompany certain claims. Some suggested that the disclaimer "not a low calorie food" accompany all claims for fat and sugars unless the food is a low calorie food. A few respondents also suggested the need for some nutrient content claims to be accompanied by a statement referring the consumer to the Nutrition Facts table or by a disclosure statement for certain nutrients, including fat, saturated and trans fats and sodium, where the levels of these in the food carrying a nutrient content claim exceed specified amounts.

Response:

Consideration was given to requiring disclaimers for certain nutrient content claims, for example, the disclaimer "not sodium-free" to accompany the claim "salt-free" unless the food met the criteria for "free of sodium or salt". It was concluded, however, that the presence of the mandatory Nutrition Facts table whenever a claim is made, would provide consumers with information to allow them to base their choice on the nutrition profile of the food. Furthermore, Health Canada has been informed by health professionals that disclaimers are not generally considered to be useful and may be misleading to the consumer. It is generally recognized that neither referral statements nor disclosure statements have been found to be used by consumers. The education program that will be undertaken to accompany the release of the new regulations for nutrition labelling and claims will address the appropriate use of nutrient content claims together with the Nutrition Facts table in making food choices.

A number of comments were received from the food industry and health sector stakeholders with regard to the proposed claims for fats. Most of the industry comments requested that the criteria for the claim "free of saturated fatty acids" be harmonized with those of the US, increasing the cut-off levels for each of saturated and trans fat to less than 0.5 g per reference amount and per serving from the proposed 0.2 g. Very few respondents also requested that the criteria for the claim "low in saturated fatty acids" be harmonized with those of the US. A group representing health professionals involved in education about cholesterol expressed support for the inclusion of restrictions on the content of both saturated fat and trans fat to qualify for the claim "cholesterol free". However, this group suggested that the claim "cholesterol free" should be allowed only for foods which contain a significant amount of total fat and should always be accompanied by a declaration of total fat.

Response:

The US criteria for the claim "free of saturated fatty acids" could result in foods so labelled providing nutritionally significant amounts of saturated fatty acids and trans fatty acids. For example, consumption of 10 servings of foods labelled as "free of saturated fatty acids" containing up to 0.5 g of each of saturated and trans fat could result in an intake of up to 10 g of saturated fat plus trans fat or 50% of the DV. Therefore, the criterion of 0.2 g is retained for saturated and trans fatty acids.

Some industry respondents requested that the criteria for protein claims for breakfast cereals combined with milk should be based on the varying reference amounts for cereal products rather than only per 30 g of cereals.

Response:

The criteria for protein claims have not been changed. The industry request will be considered when the protein rating requirements are reviewed.

A few comments were received with regard to the claims for sugars. Some stakeholders from the industry continued to challenge the requirement that foods must be "Calorie-free" to qualify for the claim "sugar-free", with a few of these supporting the US system, where no restriction is placed on the energy value but the claim "sugar-free" must be accompanied by a disclaimer that the food is not "low in" or "reduced in" calories unless the food meets the criteria for these claims and is so labelled. A few other stakeholders pointed out that the criteria for the relative claims for sugars should include a minimum absolute reduction in the content of sugars.

Response:

The claim "sugar-free" has a long history of use in Canada. It was intended to provide an easy means of identifying foods which would be considered "free" foods for individuals with diabetes or foods which would not promote dental caries. The Canadian Diabetes Association continues to strongly support the requirement that foods labelled "sugar-free" also be "calorie-free". The use of a disclaimer with regard to the energy value of the food is not considered an acceptable alternative in view of the fact that disclaimers are not useful to or understood by consumers. It was agreed that an absolute minimum difference in sugar content be included in the criteria for the relative claims for sugars to ensure that the basis for these claims is meaningful and consistent. Therefore, the compositional requirements for these claims require a reduction of at least 5 g of sugars in addition to the relative minimum reduction of 25% per reference amount of food. These requirements are consistent with current enforcement practices.

Some respondents recommended that, when the claim "light" is used to describe the sensory characteristics of a food, the information that is required to accompany this claim to identify the sensory characteristic be clearly presented.

Response:

The regulations have been clarified to require that when "light" refers to a sensory characteristic, the statement identifying the sensory characteristic must be presented immediately before or after the claim, in a type size that is as prominent as that of the claim.

Health Claims

A number of industry stakeholders specifically expressed general support for the proposed regulation to permit the use of diet-related health claims on food labels and in advertisements.

Several industry stakeholders and one in the health sector recommended that split claims be permitted, whereby the required claims wording could be presented in two sections on different parts of the label.

Response:

Because the risk reduction is associated with the total diet and not with the individual food, the diet part of the claim is the most important. Focus group testing showed that consumers would not search for and read the second part of a split claim. It could therefore be deceptive if the full claim message was not in one place. Further, the length of the claim was not found to be an impairment to understanding.

Many respondents in write-in campaigns called for an overall tightening of the rules for making health claims and for a prohibition on the use of health claims on foods high in saturated or trans fat, cholesterol, sodium or refined sugars, especially in the case of the claims for osteoporosis and cancer. These respondents stated that allowing health claims on foods that could increase the risk of developing any diet-related disease would deceive the public.

Response:

Consideration was given to inserting additional disqualifying criteria in the regulations for health claims. However, it was concluded that the required conditions for the foods to qualify for the claims, and the requirement for a mandatory Nutrition Facts table whenever a claim is made, would provide consumers with information to allow them to base their choice on the entire nutritional profile of the food. Furthermore, the education program for consumers on the new regulations will address the appropriate use of claims in making food choices. Dairy products, including higher fat milk products, remain good and excellent sources of calcium for children. Health Canada has concluded that a fat restriction is not warranted because of the importance of adequate calcium intakes for growing children and adolescents. The calcium content in many dairy-based products, such as desserts, is usually insufficient to qualify for a claim. Furthermore, mandatory nutrition labelling would disclose the fat content of foods bearing the calcium health claim.

Several respondents had questions about the conditions required for foods to qualify to carry the health claim for vegetables, fruit and cancer.

Response:

This section was amended to clarify which foods would be excluded from qualifying to carry the claim, such as fruit and vegetables used as condiments, jams, jellies, pickles, and relishes.

Transitional period

Many respondents representing the food industry and the Canadian packaging and design industry indicated that the proposed transitional period of two years, or three years in the case of small businesses, would not provide sufficient time to allow them to address the required changes within Canada, and would likely result in the loss of business to the US.

Response:

To address the challenges within the industry, the transitional period has been extended to three years and, for small manufacturers with total annual sales of less than one million dollars during the twelve months preceding the coming into force of the new Regulations, to five years. The increased transitional period will reduce the costs of nutrition labelling to the industry, and ultimately to the consumer, and keep design and packaging jobs in Canada. As well, it is expected that, in most cases, extending the transitional period will have no impact on the introduction of the new "Nutrition Facts" table on foods in stores.

Nutrient Data

The industry is responsible for complying with all the requirements for nutrient composition and the accuracy of the information provided on labels. The means of developing label values and choice of nutrient data source is the responsibility of the seller of the food. Companies or organizations developing nutrient data for labelling purposes should employ appropriate procedures for analysis and sampling as well as statistical treatment of data to ensure that product labelling is in compliance with the new requirements. Where using nutrition labelling data bases, data must be of adequate quality to provide a sound basis for nutrition labelling purposes. They should have procedures to ensure that label values accurately represent the nutrient content of the food within the compliance parameters.

The CFIA has consulted stakeholders on a proposed compliance test for assessing accuracy of nutrient values on labels and in advertising. The compliance test is a revision of section 6.3 of the Guide to Food Labelling and Advertising. The final compliance test will be available on the CFIA Website in early 2003.

Health Canada intends to work with the CFIA to develop a guidance document to assist industry in generating accurate nutrient values, including development and use of nutrient data for raw single ingredient foods. It is anticipated that this will be available on the HC Website in 2003.

Performance Measurement

A plan to assess the effectiveness of the three new initiatives against their stated objectives will be developed by Health Canada, in consultation with the CFIA and other partners.

Health Promotion

Health Canada will undertake an educational program that focuses on how consumers can use the nutrition declarations to make informed food choices, which can reduce the risk of developing certain diseases and improve their health. Consumer education will place nutrition labelling within a healthy eating context. It will address the meaning of each of the sources of nutrition information on food labels (Nutrition Facts table, nutrient content claims, health claims and list of ingredients), and how to use them. Consumer education initiatives, including a range of tools, are therefore being developed to help consumers understand and use the nutrition information on food labels in making their food choices.

Augmenting the capacity of Health Canada's educational and communications partners to convey this information is critical to expanding the reach and therefore effectiveness of consumer education. Educators and communicators will have available to them information and tools to help them educate and inform consumers about the nutrition information on food labels. The starting point of the education initiative is key messages, that have been developed collaboratively with partners. One of the means that Health Canada is developing is a toolkit for educators, with background information and ready-to-use educational materials.

Compliance and Enforcement

The CFIA is responsible for the enforcement of the Food and Drugs Act as it relates to food. No new resources have been identified to support the implementation of these Regulations. While it is the responsibility of the industry to comply with regulatory requirements, Health Canada and the CFIA are committed to facilitating the implementation of these Regulations in a manner that will retain the confidence of health protection professionals and consumers in the validity of the nutrition and health claims, while respecting the resources that CFIA has for enforcement.

A phased-in approach is important to permit industry and government time to adapt to the new requirements as well as provide the opportunity for the development of education and compliance tools. It is recognized that education will be an integral component of this initiative. Health Canada and the CFIA will cooperate in the development of educational tools for inspection staff and industry. Health Canada is developing specific tools for industry to assist with the design of labels and provide guidance on the development of databases appropriate for nutrition labelling.

During the transition period when manufacturers may continue to apply both the former and the new Regulations, the CFIA will train its staff across all programs and update inspection tools (compliance test, Guide to Food Labelling and Advertising, Q's and A's, Uniform Enforcement Guidelines). Health Canada will provide assistance by responding to industry and consumer enquiries related to the new regulations, whereas the CFIA will respond to enquiries related to compliance and enforcement activities.

A staged compliance program has been developed by the CFIA which will initially focus on the availability of the Nutrition Facts table, where required, the provision of mandatory information and the appropriate use of claims. More specific enforcement measures to verify nutrition values will follow and will focus on verifying industry measures to provide for accurate information, for example the use of formulation controls, recognized laboratories or databases.

Appropriate compliance action will be based on risk. Health Canada will provide the Agency with a risk assessment of food categories in general and nutrients in the Nutrition Facts table to assist in setting priorities based on priorities and risk.

Further details and updates on the CFIA approach will be posted on the Web site at www.inspection.gc.ca.

Contact

• Ronald Burke
  Director
  Bureau of Food Regulatory, International and Interagency Affairs
  Health Canada
  Address Locator 0702C1
  Ottawa, Ontario
  K1A 0L2
  Telephone: (613) 957-1828
  FAX: (613) 941-3537
  E- mail: sche-ann@hc-sc.gc.ca

Footnote a

S.C. 1999, c. 33, s. 347 a L.C. 1999, ch. 33, art. 347

Footnote 1

C.R.C., c. 870 1 C.R.C., ch. 870

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